Attorney Find Blog

The bankruptcy reform that took place in October of 2005 caused complications for everyone involved in the bankruptcy process–new pre-filing requirements, new post-filing requirements, greater responsibility placed on attorneys for researching the accuracy of information provided by their clients (and the attendant increased expense), a multi-step means test to determine whether one could file for Chapter 7 bankruptcy, and more. But one of the gravest concerns surrounding the new law related to the restrictions placed on consumer bankruptcy attorneys–restrictions that might prohibit attorneys from giving accurate, legal advice to their prospective bankruptcy clients.

Those provisions were challenged almost immediately, and the Milavetz case in Minnesota was among the first to challenge the Constitutionality of those restrictions. Nearly a year and a half later, that court has entered a summary judgment order declaring that those restrictions cannot be applied to Minnesota attorneys.

This entry was posted on Friday, April 20th, 2007 at 3:44 pm and is filed under Bankruptcy Law and Bankruptcy Lawyers. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.