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Milavetz, Gallop, & Milavetz, P.A., et al. v. United States 08-1119 (2010)

Decided 3/8/2010
Supreme Court Vote 9-0
Note Prohibition against advising bankruptcy clients to incur more debt found not overly broad.
Supreme Court Ruling First Amendment claim denied.
IssueWhether an attorney who provides bankruptcy assistance to an assisted person in return for valuable consideration, and who does not fall within one of the five exceptions, is a “debt relief agency” for purposes of 11 U.S.C. 526 and whether 11 U.S.C. 528 violates the First Amendment.
Majority Opinion Sotomayor, S.
Concurring Opinion Scalia, A.; Thomas, C.
Certiorari Granted 06/08/2009
Lower Court 8th Circuit
Lower Court Ruling First Amendment claim denied
Cert. Petition

Opinion - Lower Court
Milavetz, Gallop, & Milavetz, P.A., et al. v. United States (8th Cir., 2009)

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