MATTER OF SULLIVAN

Nos. 81-1921, 81-2374.

680 F.2d 1131 (1982)

In the Matter of Scott Reynolds SULLIVAN, Debtor-Appellant. United States of America, Intervening-Appellee. In re Willis Wayne WEST, Debtor-Appellant. State of Illinois, Intervening-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 19, 1982.


Attorney(s) appearing for the Case

Vern Countryman, Harvard Law School, Cambridge, Mass., for debtors-appellants.

Thomas W. B. Porter, Dept. of Justice, Civ. Div., Washington, D. C., intervening-appellees.

Before PELL, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and BAUER, Circuit Judge.


PELL, Circuit Judge.

In these consolidated appeals, which present issues of first impression at the level of this court, the appellants challenge the constitutionality of section 522(b)(1) of the Bankruptcy Code of 1978, 11 U.S.C. § 522(b)(1) (Supp. IV 1980) (Code). Section 522(b)(1) permits a State to "opt out" of the scheme of federal exemptions enumerated in section 522(d). The debtors-appellants urge that the opt-out section violates the constitutional provision...

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