United States Fifth Circuit

Bankruptcy Abuse Prevention and Consumer Protection Act provisions governing the activities of "debt relief agencies" apply to attorneys advising clients on bankruptcy issues, are not facially unconstitutional, and do not violate the First Amendment by prohibiting attorneys from advising clients to incur debts in contemplation of bankruptcy when doing so would abuse and manipulate the bankruptcy system.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, CLEMENT and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Howard Marc Spector (argued), Dallas, TX, for Susan B. Hersh., Mark Bernard Stern, Tara Leigh Grove, Mark Reiling Freeman (argued), U.S. Dept. of Justice, Civ. Div., Washington, DC, for U.S., Gene C. Schaerr, Winston & Strawn, Washington, DC, for Amici Curiae.