Wincek v. Smith (In Re Wincek)

208 B.R. 238, 78 A.F.T.R.2d (RIA) 7448, 1996 U.S. Dist. LEXIS 17218, 1996 WL 885849

Opinion

ORDER

MERRYDAY, District Judge.

The Court has reviewed the parties’ briefs and the record on appeal, including Judge Paul M. Glenn’s excellent order of dismissal. Upon consideration, the decision of the bankruptcy court is AFFIRMED. 1 I agree with Judge Glenn that this ease is properly limited to its facts. For example, the doctrine of unconstitutional conditions, to the extent it retains vitality, might invite different considerations and even a different result under different circumstances.

1 . The district court dispensed with oral argument pursuant to section (3) of paragraph two of rule 8012.