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Justices: Bankruptcy lawyers are ‘debt relief agencies’ 

By: Kimberly Atkins
Published: March 8, 2010

Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, debt relief agency, Supreme Court

Bankruptcy attorneys are “debt relief agencies” under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and are therefore subject to its regulations, the U.S. Supreme Court has ruled.

Top bankruptcy law stories of 2009 

By: Reni Gertner
Published: December 24, 2009

Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy filings, CHAPTER 13, Chrysler bankruptcy, debt relief agency, GM bankruptcy, loan modification, National Association of Consumer Bankruptcy Attorneys, Obama, student loans

It started out as a busy year for bankruptcy attorneys – and it just became busier as filings continued to rise.

From the start of 2009, experts warned novice bankruptcy attorneys to do their homework before jumping into the specialized practice niche.

Bankruptcy on the docket at the Supreme Court 

By: Reni Gertner
Published: November 23, 2009

Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy discharge, bankruptcy reform, debt relief agency, student loans, undue hardship

Two cases likely to have a big impact on bankruptcy law practice are set to be argued before the justices of the U.S. Supreme Court next week.

ABA files brief in ‘debt relief agency’ case 

By: Reni Gertner
Published: September 3, 2009

Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy reform, debt relief agency, National Association of Consumer Bankruptcy Attorneys

The American Bar Association has filed an amicus brief before the U.S. Supreme Court, arguing that the bankruptcy reform law that restricts advice given to debtors by “debt relief agencies” should not apply to attorneys.

Supreme Court to rule on bankruptcy reform law 

By: Correy Stephenson
Published: June 11, 2009

Tags: bankruptcy reform, debt relief agency

Less than four years after the new bankruptcy reform law went into effect, the U.S. Supreme Court has granted certiorari to determine the constitutionality of some of the Act’s most controversial provisions.

Is a bankruptcy attorney a ‘debt relief agency’? 

By: Sylvia Hsieh
Published: June 8, 2009

Tags: bankruptcy reform, debt relief agency

The U.S. Supreme Court has agreed to decide whether a bankruptcy attorney is a “debt relief agency” and whether disclosure provisions in the 2005 bankruptcy reform law are constitutional.

Under the statute, debt relief agency is defined as “any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer.” (11 U.S.C. §526)