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OLSEN v. GONZALES

No. 05-6365-HO.

368 B.R. 886 (2007)

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

United States District Court, D. Oregon.

May 7, 2007.

Attorney(s) appearing for the Case

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

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

ORDER

MICHAEL R. 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). After the filing of motion to dismiss, the court concluded that section 526(a)(4) of the BAPCPA, 11 U.S.C. § 526(a)(4), is overly restrictive in violation of the First Amendment. While the court noted that plaintiffs had not...

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