Hersh v. United States

Ruling: 
Section 526(a)(4) prohibits only counseling that would lead to abuse of bankruptcy system and is not facially unconstitutional.
Procedural posture: 
The district court for the Northern District of Texas held that 11 U.S.C.S. § 526(a)(4) was facially unconstitutional. Defendant, the United States, appealed this ruling. The district court also held that attorneys qualified a debt relief agencies under 11 U.S.C.S. § 101(12A), and that 11 U.S.C.S. § 527(b) did not violate the First Amendment. Plaintiff, a bankruptcy attorney, cross-appealed these rulings.
Issue: 
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-011