Mean's Test:

Schultz v. U.S., No. 07-5618 (U.S. 6th Circuit Court of Appeals, June 02, 2008)
In an action against the government challenging the constitutionality of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), and alleging that it is not a "uniform law" since median-income calculations under the act are based in part on the state and county where the debtor is located resulting in different relief, summary judgment and dismissal of plaintiff's complaint is affirmed where: 1) plaintiffs have standing to challenge the mean income calculations under Chapter 13 and Chapter 7 since the same calculation is used under both schemes; 2) BAPCPA is a uniform law since Congress is allowed to distinguish among classes of debtors and to treat them differently through incorporation of varying state laws; 3) employing federal income standards does not enable preferential treatment of debtors in some states over those of another; and 4) the heightened scrutiny standard applied in United States v. Ptasynski, 462 U.S. 74 (1983), is not dispositive in the area of bankruptcy. The district court granted the Government’s motion for summary judgment and dismissed the Schultzes’ complaint. For the following reasons, we AFFIRM the judgment of the district court. Read more...