Legal Opinion
Richardson v. Schafer (In Re Schafer)
Court of Appeals for the Sixth Circuit
Decided August 20, 2012No. 11-1340, 11-1387PublishedCited by 26 opinions
1Opinion of the Court
OPINION
COLE, Circuit Judge.
The Constitution’s Bankruptcy Clause grants Congress the power to establish “uniform Laws on the subject of Bankruptcies throughout the United States[,]” U.S. Const, art. I, § 8, cl. 4, and its Supremacy Clause makes the laws that Congress passes pursuant to that power the “supreme Law of the Land[,]” U.S. Const, art. VI, cl. 2. The question before this Court is whether, in light of those provisions, a state may enact an exemption scheme that applies only to debtors in bankruptcy. The bankruptcy trustee argues that a state may not, that such a law would violate both…
2Cases cited37 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Crowell v. BensonSupreme Court of the United States · 1932
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- Wyeth v. LevineSupreme Court of the United States · 2009
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3Cited by26 opinions
- State of Tenn. v. Michael CorrinCourt of Appeals for the Sixth Circuit · 2017
- Thomas J. McFarland v. A. Stephenson WallaceCourt of Appeals for the Eleventh Circuit · 2015
- In re DemeterUnited States Bankruptcy Court, E.D. Michigan · 2012
- Williamson v. Westby (In re Westby)Bankruptcy Appellate Panel of the Tenth Circuit · 2013
- In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
21 more not listed; retrieve them via the Exa API.