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ABI Blog Exchange
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US Supreme Court on Justice Holmes' 169th B-day Holds in Milavetz that the Bankruptcy Code's Speech Restrictions on Attorneys Do Not Turn Them into Ruthless Drones
Back in the good old days when bashing BAPCPA was in vogue, I posited here that BAPCPA's "debt relief agency" provisions "look more like an effort to create a consumer bankruptcy lawyer clone who, much like the ever-multiplying
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Public Counsel Program - Introduction to Chapter 7
“BANKRUPTCY BASICS: AN INTRODUCTION TO CHAPTER 7 CONSUMER BANKRUPTCY LAW” PANEL The Honorable Maureen Tighe Kenneth G. Lau United States Bankruptcy Judge U.S. Trustee Trial Attorney James King David A. Tilem King & Associates Law Offices of David A. Tilem...
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Early Thoughts on Milavetz
This morning, the Supreme Court issued its decision in Milavetz on prebankruptcy attorney-client counseling and bankruptcy attorney disclosures. I've got to get to a meeting so I don't have time for an extended post. The early reporting has been technically...
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Half-Empty or Half-Full: The February Bankruptcy Figures
Pick which blog post you want to read: The year-over-year increase in bankruptcy filings for February hit its lowest mark since the trough in filings after the 2005 changes to the bankruptcy. February saw only 6,170 filings per business day...
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Supreme Court Upholds Constitutionality of Debt Relief Agency Provisions
A unanimous Supreme Court has ruled that attorneys are "debt relief agencies" and that the provisions prohibiting debt relief agencies to advise debtors to incur debt in contemplation of bankruptcy and the mandatory disclosures required are constitutional. United States v. Milavetz, Gallop & Milavetz, P.A., No. 08-1119 (3/8/10). However, in doing so, the Court adopted a narrow reading of the speech restriction, finding that it did not apply to advice to incur debt for a permissible purpose.
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Bankruptcy News