September 28, 2009
Supreme Court Sets Oral Argument on Remaining Two Bankruptcy Cases this Term
Milavetz Gallop v. U.S, This is the case that deals with the Debt Relief Agency rules. Are attorneys debt relief agencies? And do the new code sections infringe on the right to free speech?
U.S. Student Aid Funds v. Espinosa. This is the case that will resolve whether or not the chapter 13 plan can discharge a student loan without an adversary proceeding. Kozinski wrote that service of the plan was adequate notice to the student loan lender and the lender therefore had a duty to object and was bound by the order confirming the plan when they did not object.
Its nice that the cases are set for the same day. Reminder, the Supremes have also accepted Schwab v. Reilly dealing with how to claim an exemption. That case is set for oral argument on November 3.
Thanks to Scotus.com.
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