- 11 U.S.C.
Zelotes v. Martini
Nov
07
2006
Ruling
Section 526(a)(4), enacted under BAPCPA is an overbroad restriction on attorney communication and unconstitutional.
Procedural posture
Plaintiff bankruptcy attorney filed an action, alleging that 11 U.S.C. § 526(a)(4), which was enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, violated the First Amendment. Defendant trustee filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss the complaint.
ABI Membership is required to access the full summary of Zelotes v. Martini Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: