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United States v. Kras
United States Supreme Court
409 U.S. 434 (1973)
- Written by Megan Petersen, JD
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
Issue
Holding and Reasoning (Blackmun, J.)
Concurrence (Burger, C.J.)
Dissent (Douglas, J.)
Dissent (Marshall, J.)
Dissent (Stewart, J.)
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