OLSEN v. GONZALES

No. 05-5365-HO.

350 B.R. 906 (2006)

Eric OLSEN, Kevin Swartz, Jason C. McBride, Plaintiffs, v. Alberto GONZALES, in his official capacity as Attorney General of the United States of America, and Ilene Lashinsky, fin her official capacity as United States Truzstee, Defendants.

United States District Court, D. Oregon.

August 11, 2006.


Attorney(s) appearing for the Case

Douglas R. Ricks, Keith D. Karnes, Olsen Olsen & Dairies, Salem, OR, for Plaintiffs.

Justin Michael Sandberg, U.S. Department of Justice, Washington, DC, for Defendants.


ORDER

HOGAN, District Judge.

Plaintiffs brings this suit challenging the constitutionality of various provisions of the Bankruptcy Code enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Specifically, plaintiffs challenge 11 U.S.C. §§ 526(a)(4), 526(a)(1), 527, and 528 as violative of the First Amendment. In addition, plaintiffs contend that 11 U.S.C. §§ 526-528 are too vague in violation of the Fifth Amendment...

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