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Milavetz Gallop & Milavetz PA v. United States

Milavetz Gallop & Milavetz PA v. United States

Ruling
BAPCPA's 526(a)(4) restrictions on "debt relief agencies" unconstitutional as applied to attorneys meeting that definition.
Procedural posture

Appellants, a law firm, a firm president, a firm attorney and two clients, appealed from the District Court for the District of Minnesota which granted summary judgment in favor of appellee United States. Appellants claimed that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), 11 U.S.C.S. §§ 526(a)(4), 528(a)(4), (b)(2), did not apply to attorneys and law firms and was unconstitutional as applied to attorneys.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 04, 2008 , LexisNexis #0908-119