ABA Brief Challenges Ban On Attorney Debt Advice

Law360, New York (September 2, 2009, 4:25 PM EDT) -- The American Bar Association has joined in on the upcoming U.S. Supreme Court showdown over whether attorneys can be considered “debt relief agencies” under consumer bankruptcy law, arguing that such a construction would erode lawyers' First Amendment rights and attorney-client privilege.

The ABA's Sept. 1 amicus curiae brief in Milavetz Gallop & Milavetz PA v. United States sides with the U.S. Court of Appeals for the Eighth Circuit's ruling that certain restrictions on debt relief agencies under the Bankruptcy Abuse Prevention and Consumer Protection Act of...
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