Legal Opinion
Milavetz, Gallop & Milavetz P.A. v. United States
District Court, D. Minnesota
Decided December 7, 2006No. 05-CV-2626(JMR/FLN)PublishedCited by 9 opinions
1Opinion of the Court
ORDER
ROSENBAUM, Chief Judge.
Plaintiffs ask the Court to declare portions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) unconstitutional. Defendant, United States of America (“the government”) moves to dismiss for failure to state a claim upon which relief can be granted. Defendant’s motion is denied; the debt relief agency sections of BAPCPA unconstitutionally impinge on attorneys’ First Amendment rights.
I. Background
On April 20, 2005, BAPCPA was signed into law, and became effective on October 17, 2005. Among its terms, BAPCPA defines a new category of…
2Cases cited24 opinions
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
- Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
- Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Construction Trades CouncilSupreme Court of the United States · 1988
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3Cited by9 opinions
- In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
- In Re RobinsonUnited States Bankruptcy Court, E.D. Virginia · 2007
- In Re ReyesUnited States Bankruptcy Court, S.D. Florida. · 2007
- Zelotes v. AdamsDistrict Court, D. Connecticut · 2007
- In Re IronsUnited States Bankruptcy Court, S.D. Texas · 2007
4 more not listed; retrieve them via the Exa API.