Bankruptcy Law: Federal Regulation of Attorney Conduct May Be Illegal
This looks like a pretty strong argument (from Moderate Mainstream, who I trust without having to find the original link):
On Monday a ruling in Georgia came down that said that attorneys admitted to the bankruptcy bar are NOT Debt Relief Agencies under the bk law. One provision in particular was cited as damning - attorney regulation is a STATE responsibility…any attempt by the bk law to regulate attorneys would be a federal intrusion into state domain and as no one seems to have brought that up before, it must mean that the law was not intending to regulate attorneys.
For those new to the bankruptcy law change, this is important not just because of what attorneys can call themselves (”debt relief agencies,” or whatever), but because the new law says in effect that attorneys and others cannot provide advice on how to structure debts or otherwise prepare in advance of a possible filing–in effect, a gag rule. As I see it, the Georgia judge is also telling us that the gag rule is off (in Georgia, pending appeal, blah blah).
As ModMain says: “This law is going to be such fun…”
