Legal Opinion

Schultz v. United States

Court of Appeals for the Sixth Circuit

Decided June 2, 2008No. 07-5618PublishedCited by 67 opinions

1Opinion of the Court

OPINION

R. GUY COLE, JR., Circuit Judge.

Plaintiffs-Appellants Bernard Francis Schultz and Elizabeth Mary Sabatine (hereinafter “the Schultzes”), husband and wife and residents of Hamilton County, Tennessee, filed for bankruptcy under Chapter 13 in the United States Bankruptcy Court for the Eastern District of Tennessee. Independently, the Schultzes filed a complaint for declaratory judgment in the United States District Court for the Eastern District of Tennessee, alleging that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC-PA” or “the Act”) violates Article I,…

2Cases cited24 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  3. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  4. O'Shea v. LittletonSupreme Court of the United States · 1974
  5. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934

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3Cited by67 opinions

  1. Pedreira v. Kentucky Baptist Homes for Children, Inc.Court of Appeals for the Sixth Circuit · 2009
  2. Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
  3. In Re TurnerCourt of Appeals for the Seventh Circuit · 2009
  4. Kevin Murray v. United States Dep't of TreasuryCourt of Appeals for the Sixth Circuit · 2012
  5. Palmer v. Washington Mutual Bank (In Re Ritchie)Bankruptcy Appellate Panel of the Sixth Circuit · 2009

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