Supreme Court of the United States
Milavetz, Gallop & Milavetz, P. A. v. United States
March 8, 2010559 U.S. 229
Summary
The Supreme Court held that attorneys are debt relief agencies under the BAPCPA, and construed § 526(a)(4) narrowly to prohibit only advice to incur debt when the impelling reason is the expectation of filing for bankruptcy. It upheld § 528's disclosure requirements as constitutional under Zauderer. Justice Thomas concurred but criticized the Zauderer standard, while Justice Scalia concurred except on the use of legislative history.