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Monday, June 22, 2009
Courts - Still more on what is a "debt relief agency" for purposes of the BAPCPA
Updating earlier ILB entries, Adam Liptak of the NY Times writes today in his "Sidebar" column under the heading "Free-Speech Case for a Debt-Ridden Age ." A quote:
[T]he Supreme Court did just agree to hear a free-speech case that captures the tenor of our times. It concerns bankruptcy.One of the plaintiffs in the case is Robert J. Milavetz, a 73-year-old lawyer from Minnesota. In the 1960s and 1970s, he represented conscientious objectors and people accused of violating obscenity laws. The new free-speech battleground, he says, is whether the government can gag lawyers seeking to help their clients arrange their financial affairs.
In 2005, Congress enacted a law that seems to bar lawyers from advising their clients to take on more debt if they are considering bankruptcy.
“Any lawyer with a First Amendment background would immediately recognize the First Amendment problems in this statute,” Mr. Milavetz said.
Posted by Marcia Oddi on June 22, 2009 03:23 PM
Posted to Courts in general