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In re Wallace

In re Wallace

Ruling
Congress did not authorize states to create separate bankruptcy specific exemption schemes.
Procedural posture

Debtor filed a chapter 7 bankruptcy petition, claiming that her interest in a particular property was exempt under Mich. Comp. Laws § 600.5451(1)(n). The chapter 7 trustee filed a timely objection to the claimed exemption, contending that Mich. Comp. Laws § 600.5451(1)(n) was unconstitutional because it violated the Supremacy Clause, U.S. Const. art. VI, cl. 2.

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opinion summary, case decided on April 09, 2006 , LexisNexis #0906-057