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In re Attorneys at Law & Debt Relief Agencies

In re Attorneys at Law & Debt Relief Agencies

Ruling
Trustee lacked standing to contest bankruptcy court's blanket ruling that attorneys are not "debt relief agencies"as defined under BAPCPA.
Procedural posture

Plaintiff, a regional bankruptcy trustee, appealed a standing order issued by a bankruptcy judge that interpreted provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") that defined and regulated "debt relief agencies." Intervening interested parties were four attorneys comprising a professional corporation with a significant bankruptcy practice.

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opinion summary, case decided on August 25, 2006 , LexisNexis #1206-071