IN RE SULLIVAN

Bankruptcy No. 181-00024.

11 B.R. 432 (1981)

In re Scott Reynolds SULLIVAN, Debtor.

United States Bankruptcy Court, C.D. Illinois.

June 1, 1981.


Attorney(s) appearing for the Case

Barry M. Barash, Galesburg, Ill., Judith S. Koffler, Pace University School of Law, White Plains, N.Y., Vern Countryman, Cambridge, Mass., for debtor.

Tyrone C. Fahner, Ill. Atty. Gen., Janice L. Cox, Asst. Atty. Gen., Springfield, Ill., Gerald D. Fines, U.S. Atty., Janet L. Jannusch, Asst. U.S. Atty., Peoria, Ill., for intervenors.

James S. Brannon, Peoria, Ill., trustee.

Scott Reynolds Sullivan, pro se.


DECISION

Statement of the Case

MAX J. LIPKIN, Bankruptcy Judge.

This matter comes on to be heard on the Motion for Judgment on the Pleadings filed by the Debtor. The Motion prays that the Court declare unconstitutional that portion of 11 U.S.C., Sec. 522(b) which permits states to prohibit their residents from using the Federal Exemptions provided in Sec. 522(d) of Title 11, U.S.C., generally referred to as the "opt out" clause.

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