- 11 U.S.C.
Zelotes v. Adams
Feb
27
2007
Ruling
Trustee permanently enjoined from enforcing section 526(a)(4) which court held to be unconstitutional.
Procedural posture
Plaintiff bankruptcy attorney sued defendant bankruptcy trustee challenging 11 U.S.C. § 526(a)(4) as violative of the First Amendment. The court denied the trustee's motion to dismiss for failure to state a claim and found that section 526(a)(4) was facially unconstitutional. The attorney moved for a judgment declaring that section 526(a)(4) was unconstitutional and enjoining its enforcement. The trustee moved for reconsideration and for summary judgment.
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Court
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