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10

03 2010

Milavetz – Supreme Court Holds Once and For All … We Are Debt Relief Agencies

US Supreme Court on Justice Holmes' 169th B-day Holds in Milavetz that the Bankruptcy Code's Speech Restrictions on Attorneys Do Not Turn Them into Ruthless Drones

Back in the good old days when bashing BAPCPA was in vogue, I posited here that BAPCPA's "debt relief agency" provisions "look more like an effort to create a consumer bankruptcy lawyer clone who, much like the ever-multiplying Agent Smith from The Matrix-Reloaded, speaks and does precisely as directed with ruthless efficiency."  Today's unanimous opinion from Justice Sonia Sotomayor (with concurrences from Justices Scalia and Thomas) tells us not to worry because while attorneys in fact are "debt relief agents" under the Code, §526(a)(4) "prohibits a debt relief agency only from advising a debtor to incur more debt when the impelling reason for the advice is the anticipation of bankruptcy."  Milavetz, Gallop & Milavetz, P.A., v. United States, No. 08-1119 (Op. at 13).

As with most bankruptcy decisions from the Supreme Court, the path taken to the holding is more interesting than the actual holding itself.  This post examines two aspects of that road:

http://www.bankruptcylitigationblog.com/archives/us-supreme-court-cases-us-supreme-court-on-justice-holmes-169th-bday-holds-in-milavetz-that-the-bankruptcy-codes-speech-restrictions-on-attorneys-do-not-turn-them-into-ruthless-drones.html

Posted via email from beyond bankruptcy

08

03 2010

Latest iPad Commercial

If you say you don’t want one youre a liar.

Sent from my iPhone

Posted via email from practice (redux)

08

03 2010

Feedly for the iPhone

24

02 2010

New home sales hit record low in January – San Jose Mercury News

By Martin Crutsinger of the Associated Press

WASHINGTON — According to the Commerce Department's report on Wednesday, sales of new homes plunged to a record low in January; underscoring formidable challenges facing the housing industry as it recovers from the worst slump in decades. New-home sales dropped 11.2% to a seasonally adjusted annual pace of 309,000 units, the lowest level on record. In fact it fell to the lowest in nearly a half century. And the drop was a surprise to economists who were expecting a slight increase over December's pace. While winter storms were partly to blame, sales have fallen for 3 consecutive months despite sweeping and often heavy-handed government support. 

Posted via email from beyond bankruptcy

24

02 2010

My beautiful wife

Can’t I do better than him?

20

02 2010

Facebook Chat Now Available Everywhere

Why is FB chat available everywhere? Why now? Because …

  • Social networking groupies can’t get enough Facebook.
  • Facebook is the voice of a generation (according to its PR)
  • Generation Y users of Facebook are funky-fresh like that.

But mostly because Google Buzz came out yesterday …

(and Facebook is really scared).

Posted via email from practice (redux)

10

02 2010


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