This case is set for hearing before the U.S. Supreme Court on December 1. Here is all you need to know everything about the case.
Milavetz Gallop & Milavetz, P.A. is counsel of record and is also a party in Milavetz, Gallop v. U.S., 08-1119, and U.S. v. Milavetz, Gallop, 08-1225, consolidated cases before the U.S. Supreme Court, appealed from the U.S. Court of Appeals for the Eight Circuit. The law firm challenges certain aspects of the Bankruptcy Abuse Prevention & Consumer Protection Act (“BAPCA”) of 2005.
At issue: the constitutionality of a 2005 federal bankruptcy reform law that barred attorneys from advising debtors to take on more debt before filing for bankruptcy, and creating certain affirmative disclosure obligations, as well. A second question of whether Congress intended to apply that law to licensed attorneys is also a subject of the appeal.
6/9/09: Marcia Coyle writes the case up for the National Law Journal.