BAPCPA Challenge Heard By Supreme Court

Monday

07

December 2009

Even on the first day it was in effect, the 2005 Bankruptcy Abuse Prevention Act has been met with skepticism and dispute by some consumers. The first of these disputes was famously brought up by attorneys in Minnesota who argued that some of the debt relief agency requirements as applied to attorneys were unconstitutional.

More recently, the US Supreme court has agreed to take a closer look at the language that prohibits attorneys from advising clients to compile more debt before filing bankruptcy. The goal is to decide if the act actually is constitutional or not.

These arguments were concerning the following sections of the law:

* Sections 526 (a) (4), 528 (a) (4) and 528 (b) (2) [in relation to attorneys in Minnesota]

* 11 U.S.C. section 101 (12A)

This act can have an effect on how a bankruptcy attorney can help you discharge your debts. Are you up to date on the most current information?

If you have questions about bankruptcy and how it can help improve your life, call and speak with a Jacoby Meyers Bankruptcy Law attorney at 800-260-1402.

Bankruptcy Articles

Free Legal Evaluation

Bankruptcy Info & FAQ

Chapter 7 Bankruptcy

Chapter 13 Bankruptcy

Bankruptcy Tools

Bankruptcy Alternatives

About Us

Locations

The opinions expressed in these blogs are the opinions of the author only and do not necessarily represent the opinions of the firm or any other employee, member, manager, or attorney of the law firm.

In the state of Illinois all legal services provided by Macey Bankruptcy Law, P.C. In the state of Indiana all legal services provided by Macey & Aleman. In the state of Wisconsin all legal services provided by Jacoby & Meyers – Wisconsin Bankruptcy, LLP. In the state of New Jersey all legal services provided by Jacoby & Meyers – New Jersey Bankruptcy, LLP. In the state of Florida all legal services provided by Jacoby & Meyers - Florida Bankruptcy, LLP. In the state of Ohio all legal services provided by Jacoby & Meyers Law.

PAID ATTORNEY ADVERTISEMENT: This website is a group advertisement. It is not a lawyer referral service or prepaid legal services plan. The sole basis for the inclusion of the participating lawyers or law firms is the payment of a fee for exclusive geographical advertising rights. Jacoby & Meyers does not endorse or recommend any lawyer or law firm who participates in the network. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. Any information you submit to Jacoby & Meyers may not be protected by attorney-client privilege. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Jeffrey J. Aleman, Esq., licensed in Illinois with offices at 233 S. Wacker Dr., Chicago, Illinois 60606. To see the attorney in your area who is responsible for this advertisement, please click here for additional information.

If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here

By an Act of Congress and the President of the United States, Jacoby Meyers Bankruptcy is a federal Debt Relief Agency. Attorneys and/or law firms promoted through this website are also federally designated Debt Relief Agencies. They help people file for relief under the U.S. Bankruptcy Code. Disclosures Required Under the U.S. Bankruptcy Code.