2nd Circ. Strikes Down Challenge To BAPCPA

Law360, New York (September 9, 2010, 3:43 PM EDT) -- A federal appeals court has struck down a First Amendment challenge the Connecticut Bar Association and others brought to advice and disclosure requirements imposed on bankruptcy attorneys under the Bankruptcy Abuse Prevention and Consumer Protection Act.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit on Monday reversed injunctive relief the bar association and other plaintiffs had won on certain provisions of the federal law, finding that the speech at issue is commercial and appropriate to limit.

Leaning heavily on a U.S....
To view the full article, register now.