In re Miles (04-42238)

The United States Trustee brought this motion because the Debtors are residents of Alabama. The Debtors opposed the motion under three arguments: (1) this court should reconsider its decision in In re Swinney, 300 B.R. 388 (Bankr. M.D. Ga. 2003); aff’d, Swinney v. Turner, 309 B.R. 638 (M.D. Ga. 2004); dismissed as a nonfinal order, Swinney v. U.S. Trustee, No. 04-12639-FF (11th Cir. Aug. 11, 2004); (2) the United States Trustee was not a party in interest with standing to file a motion to dismiss or transfer due to improper venue; (3) the United States trustee program is unconstitutional because it does not apply in all fifty states and is therefore not a uniform law respecting bankruptcy. The constitutional issue was reserved. The court adhered to its decision in Swinney. The court then determined that the United States Trustee did have standing to bring this motion under 11 U.S.C. § 307 and is able to bring such a motion under Fed. R. Bankr. P. 1014(a)(2).

Tuesday, February 22, 2005