Keywords
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, BABCPA, person responsibility, integrity, debtor, creditor, debt relief agency, First Amendment rights, regulation, constitution!, client, advertisement, Hersh v. United States, In re Attorneys at Law and Debt Relief Agencies, lobby, lender, Orrin Hatch, loan, reform, bankruptcy, Justice Department, misconduct, abuse, petition, discharge, legislative intent, Senator Feingold, Congressional Record, Robert Wann, pre-implementation, advertising, regulation, Erwin Chemerinsky, standing, Geisenberger v. Gonzales, In re Francis McCartney, applicability, jurisdiction, advisory opinions, Article III, plain language, interpret!, Absurd result, constitutional avoidance, In re Reyes, Rosenbaum, Olsen v. Gonzales, Zelotes v. Martini, speech, compel, liable, enforcement, Bankruptcy Code, legal advice, statutory construction, bankruptcy assistance, legal representation, unauthorized practice of law, state law, Tenth Amendment, landlords, assisted person, adversary, pro bono, consideration, compliance, free speech, scrutiny, valuable, government interest, invalidate, legitimate interest, narrow limitation, licensed professions, ethical restrictions, fair, standard of review, strict scrutiny, narrowly tailored, compelling state interest, private citizens, bad faith, loopholes, incentive, distress, refinancing, rate, secured debt, credit, attorneys' fees, filing fees, unsecured debt, informed, corporate debtors, burden, mislead, substantially similar, reasonable, control, undue burden, trustee, court official, Executive Branch, commercial speech, expression, deceptive, rational basis, intermediate scrutiny, fraud, performance, service, promise, statute, Section 526, as-applied challenge, Feingold's Amendment, exemption, scope, bank, Section 527, Section 528, threshold, ethical rule, public policy, content-based restriction, de-professionalized, sanction, disciplinary action, scope of representation, protection, Bankruptcy, Attorney, Debt, Debt relief agency, Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, BAPCPA, Debtor, Debtor attorneys, unconstitutional Legislative history, First Amendment, Assisted person, Strict Scrutiny, Intermediate Scrutiny
Recommended Citation
Marisa Terranova,
Attorneys as Debt Relief Agencies: Constitutional Considerations,
13 Fordham J. Corp. & Fin. L. 443
(2008).
Available at: https://ir.lawnet.fordham.edu/jcfl/vol13/iss3/3