Milavetz Gallop & Milavetz P.A. v. United States

Pre 2005-Act: 
Pre 2005-Act
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.
Issue: 
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Commercial case opionion summary, case decided on March 08,2010, LexisNexis #0310-090