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IN RE SCHAFER

Nos. 11-1340, 11-1387.

689 F.3d 601 (2012)

In re Steven M. SCHAFER, Debtor. Thomas C. Richardson, Trustee-Appellee, v. Steven M. Schafer, Debtor-Appellant (11-1340 & 11-1387), State of Michigan, Intervenor-Appellant (11-1340).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Daniel E. Sonneveldt , Office of the Michigan Attorney General, Lansing, Michigan, Scott P. Zochowski , Troy, Michigan for Appellants. Nicholas J. Daly , Lewis, Reed & Allen P.C., Kalamazoo, Michigan, for Appellee. ON BRIEF: Heather M.S. Durian , Office of the Michigan Attorney General, Lansing, Michigan, Scott P. Zochowski , Troy, Michigan for Appellants. Nicholas J. Daly , Lewis, Reed & Allen P.C., Kalamazoo, Michigan, for Appellee. Tara Twomey , National Association of Consumer Bankruptcy Attorneys, San Jose, California, for Amici Curiae.

Before: COLE and CLAY, Circuit Judges; MATTICE, District Judge.

OPINION

COLE, Circuit Judge.

The Constitution's Bankruptcy Clause grants Congress the power to establish "uniform Laws on the subject of Bankruptcies throughout the United States[,]" U.S. Const. art. I, § 8, cl. 4, and its Supremacy Clause makes the laws that Congress passes pursuant to that power the "supreme Law of the Land[,]" U.S. Const. art. VI, cl. 2. The question before this Court is whether, in light of those provisions, a state may enact an...

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