Wednesday, November 16, 2005

A Ray of Light

The law firm Milavetz, Gallop & Milavetz P.A. is challenging the constitutionality of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) for allegedly violating the First and Fifth Amendment rights of attorneys and consumers. The declaratory judgment petition challenges BAPCPA’s ability to limit attorneys’ advice to clients and would stop classifying attorneys as “debt relief agencies.” The complaint alleges that the vagueness and overbreadth of the new law creates a chilling effect on the public’s right to receive information and advice from attorneys and limits the freedom of expression of attorneys, among other grounds, according to the firm.

Also, Honorable Lamar W. Davis, Jr., Chief United States Bankruptcy Judge, ruled in the U.S. Bankruptcy Court for the Southern District of Georgia that attorneys regularly admitted to the bar of that court are excused from compliance of the BAPCPA code regulating debt relief agencies.

Whether or not these efforts are successful and stand the test of time is yet to be seen. Our country's constitution is already being trampled on in many other ways, as seen in my other posts. However, the outcome of this could be telling about what the ultimate fate of our constitution may be.