McAuley v. United States (In Re McAuley)

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

It is not unusual that in the course of administration of cases under Title 11, bankruptcy courts are called upon to resolve either actual or perceived conflicts between provisions of the Bankruptcy Code and provisions of some State or Federal Statute. To resolve a conflict with State law does not ordinarily present any difficulty simply because the Supremacy Clause of the Constitution of the United States, Article I, dictates a resolution of any conflict in favor of Federal law over State law and in the context of bankruptcy in favor…