Lawyer Debt Advice Law Constitutional: High Court

Law360, New York (March 8, 2010, 7:47 PM EST) -- The U.S. Supreme Court has revived a provision of the 2005 consumer bankruptcy overhaul that bars lawyers from advising clients to take on debt in contemplation of bankruptcy, rejecting a Minneapolis plaintiffs firm's argument that the measure muzzles lawyers.

The high court on Monday reversed the U.S. Court of Appeals for the Eighth Circuit's decision to strike down a section of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 that prohibited debt relief agencies from advising clients to incur more debt before bankruptcy....
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