US Supreme Court Docket

Supreme Court Docket

[Download November 2, 2009 Argument Calendar PDF]
[Click here for 2008 Docket]

Many documents listed on this page are PDF files that may be viewed using AdobeReader.

US v. Milavetz, Gallop & Milavetz, PA
No. 08-1225

Title:

US v. Milavetz, Gallop & Milavetz, PA

Subject:

First Amendment, Bankruptcy

Question:

Section 526(a)(4) of Title 11 of the United States Code provides that bankruptcy professionals who qualify as "debt relief agencies" and who are hired by consumer debtors for bankruptcy services may not advise those debtors "to incur more debt in contemplation of" filing a bankruptcy petition. The questions presented are as follows:

1. Whether Section 526(a)(4) precludes only advice to incur more debt with a purpose to abuse the bankruptcy system.

2. Whether Section 526(a)(4), construed with due regard for the principle of constitutional avoidance, violates the First Amendment.

Decisions:

• U.S. Court of Appeals - 8th Circuit Opinion Filed: September 4, 2008

Resources:

• Docket Sheet From the U.S. Supreme Court.

Briefs:

Coming Soon

Counsel of Record

For Petitioner:

Elena Kagan
Solicitor General
Washington, DC

For Respondent:

G. Eric Brunstad Jr.
Dechert LLP
Washington, DC

 

 

To view PDF files listed on this page you will need Adobe Acrobat Reader