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United States v. Kras

United States Supreme Court
409 U.S. 434 (1973)


Facts

The Federal Bankruptcy Act and one of the Supreme Court’s complementary Orders in Bankruptcy imposed fees and made the payment of those fees a condition to a discharge in voluntary bankruptcy. Kras (plaintiff), an indigent petitioner in bankruptcy, challenged these fees in federal district court against the United States government (defendant), on the grounds that the requirement of fees as a prerequisite to bankruptcy discharge violated the Equal Protection Clause of the Fourteenth Amendment and Due Process Clause of the Fifth Amendment. The district court held that the fee structure was unconstitutional, and the United States government appealed to the United States Supreme Court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Blackmun, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Burger, C.J.)

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Dissent (Douglas, J.)

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Dissent (Marshall, J.)

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Dissent (Stewart, J.)

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