Minnesota Court Holds “New” Bankruptcy Law Unconstitutional
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.
July 20th, 2007 at 3:12 pm
Great info. Thanks
MIke
http://www.your-bankruptcy-information.com
April 20th, 2009 at 8:10 pm
how to fix my credit…
A: Yes and often the status of the same account is different- collection agencies almost always report as CLOSED, but normally status is considered OPEN if this is what an original creditor reports….