MILAVETZ v. U.S.,
08-1119 (U.S. Supreme Court 3-8-2010)
Attorneys who provide bankruptcy assistance to assisted persons are debt relief
agencies under 11 U. S. C.
§101(12A). §526(a)(4) prohibits
advising an assisted person to incur more debt only where the impelling
reason for such advice is the bankruptcy filing. The disclosure
requirements of §528 are directed at
misleading commercial speech, impose only a disclosure requirement, and are
valid as applied to attorneys.
HERSH v. U.S.,
07-10226 (5th Cir. 12-18-2008)
Attorneys qualify as debt relief agencies under 11
U.S.C. § 101(12A), and 11 U.S.C.
§ 527(b) does not violate the First Amendment.
MILAVETZ v. U.S.,
541 F.3d 785 (8th Cir. September 4, 2008)
Attorneys that provide "bankruptcy assistance" to "assisted
persons" are "debt relief agencies" under §
101(12A), but the prohibition of §
526(a)(4) against such agency advising an assisted person to incur any
additional debt is substantially overbroad and unconstitutional as applied
to attorneys. The disclosure requirements of §§
528(a)(4) and (b)(2) ("We
are a debt relief agency. ...") are constitutional and apply to
attorneys.
ZELOTES v.
ADAMS,
(Conn. 2-27-2007)
The restriction in § 526(a)(4)
against advising an assisted person to incur more debt is overbroad and
unconstitutional as applied to bankruptcy attorneys.
OLSEN v.
GONZALES,
(Or. 8-6-2006)
Attorneys are included in the definition of "debt relief agency" in §
101(12A). § 526(a)(4) is
overly restrictive in violation of the First Amendment.
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