Bankruptcy

Another Court, Another Opinion Holding BAPCPA’s Provisions Unconstitutional

U.S. District Court Judge James Rosenbaum (Minneapolis) joined his colleagues in Georgia and Texas in holding recently that the credit-card-company-written law contains provisions that are constitutionally infirm. Specifically, Judge Rosenbaum targeted sections 526 and 528, portions of which which forbid attorneys from counseling their clients to take on more debt in contemplation of bankruptcy. As with previous opinions expressing judicial frustration with the astonishingly poorly-written law, Judge Rosenbaum did not hold back: “If this is the government’s view of legal ethics, it is a form of ethics unfamiliar to the Court.”

You can read the entire opinion here, courtesy of my neighboring colleague to the south, Scott Riddle’s Georgia Bankruptcy Blog. Read excerpts from the opinion in Scott’s post, found here.

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