Legal Opinion

Milavetz, Gallop & Milavetz, P.A. v. United States

Court of Appeals for the Eighth Circuit

Decided September 4, 2008No. 07-2405PublishedCited by 11 opinions

1Opinion of the Court

SMITH, Circuit Judge.

Milavetz, Gallop & Milavetz, P.A., a law firm that practices bankruptcy law, the firm’s president, a bankruptcy attorney within the firm, and two clients1 who sought bankruptcy advice from the firm brought suit against the United States seeking a declaratory judgment that certain provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) — 11 U.S.C. §§ 526(a)(4) and 528(a)(4) and (b)(2) — did not apply to attorneys and law firms and are unconstitutional as applied to attorneys. The district court granted summary judgment to the plaintiffs…

2Cases cited22 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  4. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  5. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994

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3Cited by11 opinions

  1. Milavetz, Gallop & Milavetz, P. A. v. United StatesSupreme Court of the United States · 2010
  2. Hersh v. United States Ex Rel. MukaseyCourt of Appeals for the Fifth Circuit · 2008
  3. Henderson v. Legal Helpers Debt Resolution, L.L.C. (In re Huffman)United States Bankruptcy Court, S.D. Mississippi · 2014
  4. Roach v. StoufferCourt of Appeals for the Eighth Circuit · 2009
  5. Connecticut Bar Ass'n v. United StatesDistrict Court, D. Connecticut · 2008

6 more not listed; retrieve them via the Exa API.

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