In re Selzer

MEMORANDUM AND ORDER

ROGERS, District Judge.

This bankruptcy appeal involves the issue of whether a federal regulation governing generic commodity certificates issued by the Commodity Credit Corporation (CCC) preempt Kansas’ secured transactions law. The bankruptcy court held that the federal regulation did not preempt state law and was an unconstitutional exercise of the CCC’s authority. Having carefully reviewed the briefs filed by the parties, the court is now prepared to rule.

The standards of review are well-settled. The bankruptcy court’s findings of fact must be upheld unless they are…