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IN RE FOWLER

No. 11-43193-B-13J. DCN HLC-1.

493 B.R. 148 (2012)

In re John Stephen FOWLER, Debtor.

United States Bankruptcy Court, E.D. California, Sacramento Division.

September 28, 2012.

Attorney(s) appearing for the Case

David J. Fillerup, Chico, CA, for Debtor.

MEMORANDUM DECISION ON OBJECTIONS TO CONFIRMATION OF CHAPTER 13 PLAN

THOMAS C. HOLMAN, Bankruptcy Judge.

The court is asked to determine whether Cal. Rev. & Tax Code ("RTC") § 4103(b) is unconstitutional as pre-empted by the Supremacy Clause of the United States Constitution. Debtor contends that RTC § 4103(b) is not "applicable nonbankruptcy law" within the meaning of 11 U.S.C. § 511(a), that RTC § 4103(b) is therefore pre-empted...

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