Milavetz Gallop & Milavetz P.A. v. United States
Mar
08
2010
Ruling
Law firms are "debt relief agencies" under BAPCPA and may not advise debtors to incur additional debt in contemplation of filing for bankruptcy.
Procedural posture
Petitioner attorneys brought actions against respondent United States seeking a declaration that the attorneys were not subject to the bankruptcy statutes relating to debt relief agencies. Upon the grant of a writ of certiorari, the attorneys and the government cross-appealed the judgment of the U.S. Court of Appeals for the Eighth Circuit which held that the provisions applied to the attorneys but a limitation on advice was unconstitutional.
ABI Membership is required to access the full summary of Milavetz Gallop & Milavetz P.A. v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: U.S. Supreme Court