IN RE SELZER

Bankruptcy Nos. 88-4237-R, 87-41255-7.

135 B.R. 417 (1991)

In re Edwin D. SELZER and Judith Ann Selzer, Debtors.

United States District Court, D. Kansas.

December 19, 1991.


Attorney(s) appearing for the Case

Joseph I. Wittman, Topeka, Kan., for trustee.

Allan L. Hurlburt, Sharon Springs, Kan., Lynn D. Lauver, Topeka, Kan., for debtors.


MEMORANDUM AND ORDER

ROGERS, District Judge.

This bankruptcy appeal involves the issue of whether a federal regulation governing generic commodity certificates issued by the Commodity Credit Corporation (CCC) preempt Kansas' secured transactions law. The bankruptcy court held that the federal regulation did not preempt state law and was an unconstitutional exercise of the CCC's authority. Having carefully reviewed the briefs filed by the parties, the court...

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