Legal Opinion

In Re Kevin J. Doser in Re Laura E. Doser, Judith M. Scott v. United States Trustee

Court of Appeals for the Ninth Circuit

Decided June 17, 2005No. 03-35411PublishedCited by 25 opinions

1Opinion of the Court

RAWLINSON, Circuit Judge:

We hold today that when enacting 11 U.S.C. § 110, 1 Congress acted within its power under Article I, section 8, clause 4 of the United States Constitution. We further hold that § 110 is not unconstitutionally vague or overbroad and that it does not violate the First Amendment. Finally, we affirm the bankruptcy court’s findings that Judith Scott violated § 110 by engaging in deceptive or unfair conduct and by charging excessive fees. 2 However, we express no opinion on whether Scott engaged in the unauthorized practice of law, whether the unauthorized practice of law…

2Cases cited18 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
  4. Edenfield v. FaneSupreme Court of the United States · 1993
  5. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935

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3Cited by25 opinions

  1. In Re HaarUnited States Bankruptcy Court, N.D. Ohio · 2007
  2. United States Trustee v. Burton (In re Rosario)United States Bankruptcy Court, D. Massachusetts · 2013
  3. In Re BernalesUnited States Bankruptcy Court, C.D. California · 2006
  4. In Re GaftickUnited States Bankruptcy Court, E.D. New York · 2005
  5. Ellett v. StanislausCourt of Appeals for the Ninth Circuit · 2007

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