The Bankruptcy Blog
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BANKRUPTCY ATTORNEYS ARE OFFICIALLY "DEBT RELIEF AGENCIES"
Tuesday, March 30, 2010
Earlier this month the U.S. Supreme Court entered its decision in Milavetz et al. v. United States. The issues in the case were whether a bankruptcy attorney falls under the definition of a "debt relief agency" contained in the 2005 bankruptcy reform act and, if so, whether that portion of the act is an unconstitutional infringement on freedom of speech. The Supreme Court held that the act does apply to bankruptcy attorneys and that it does not violate the First Amendment. This decision will probably not have much effect since most most bankruptcy attorneys (at least those in the mid-Missouri area) are already adhering to the act by issuing the required notices.