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SCHULTZ v. U.S.

Civ. No. 1:07-CV-12.

369 B.R. 349 (2007)

Bernard Francis SCHULTZ Elizabeth Mary Sabatine, Plaintiffs, v. UNITED STATES of America, Alberto Gonzales, Attorney General of the United States of America and, Richard Clippard, United States Trustee Region 8, Defendants.

United States District Court, E.D. Tennessee, at Chattanooga.

May 14, 2007.

Attorney(s) appearing for the Case

Thomas E. Ray, Samples, Jennings & Ray, PLLC, Chattanooga, TN, for Plaintiffs.

M. Kent Anderson, U.S. Department of Justice, Chattanooga, TN, Wendy Tien, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM

R. ALLAN EDGAR, United States District Judge.

Plaintiffs are debtors residing in Hamilton County, Tennessee. They seek a declaratory judgment that certain "means testing" provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") violate the Bankruptcy Clause of the United States Constitution, which provides that "Congress shall have the power `Rio establish . . . uniform Laws on the subject of Bankruptcies...

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