Milavetz v. United States

Amicus Brief of National Association of Consumer Bankruptcy Attorneys, Connecticut Bar Association, Brennan Center for Justica and AARP

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This brief amici curiae supporting Petitioners Milavetz, Gallop & Milavetz, P.A., et al., is filed by two bar associations (the Connecticut Bar Association (“CBA”) and the National Association of Consumer Bankruptcy Attorneys(“NACBA”) (collectively, the “Bar Associations”)), the Brennan Center for Justice at New York University School of Law (“Brennan Center”), and AARP.

The Bar Associations have an important interest in this case because their members are governed by the statutory provisions at issue here, which are part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), codified in the Bankruptcy Code at 11 U.S.C. §§ 526, 527, and 528 (“the Debt Relief Agency Provisions”). These provisions impose various restrictions on the speech and activities of a newly minted category of entities defined by the statute as “debt relief agencies,” which the Government and Court of Appeals have interpreted as encompassing attorneys. So construed, the Debt Relief Agency Provisions violate the First Amendment to the Constitution.

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Published In: Bankruptcy Updates, Conflict of Laws Updates, Constitutional Law Updates, Professional Malpractice Updates

Reference Info:Appellate Brief | Federal, U.S. Supreme Court | United States