Circuit Court of Appeals Cases from Last Week

U.S. Supreme Court, March 08, 2010
Milavetz, Gallop & Milavetz, P.A. v. US, --- U.S. --- (2010)(attorneys are debt relief agencies.  Restriction on speech in section 526(a)(4) is not unconstitutional since it does restrict discussion, only improper advice)

1st Circuit Court of Appeals, March 10, 2010
In re Am. Bridge Prod., Inc., --- F.3d ---, 2010 WL ------------- (1st Cir. 2010)(In a bankruptcy trustee's action against an appointed receiver for misfeasance statute of limitations did not run because the receiver had not rendered a final accounting or been discharged in either state or federal court)

4th Circuit Court of Appeals, March 12, 2010
In re Kirkland, --- F.3d ---, 2010 WL ------------- (4th Cir. 2010)(bankruptcy court did not have jurisdiction to determine the post-petition interest and collection costs to which the creditor was entitled as the result of a default on a student loan that occurred after the Chapter 13 estate was closed and the debtor discharged)

7th Circuit Court of Appeals, March 08, 2010
In re Ray, --- F.3d ---, 2010 WL ------------- (7th Cir. 2010)(dismissal of two Chapter 11 proceedings was correct, but the decision is vacated, as the law firm lacked standing where there is no evidence that one of the law firm's former attorneys ever informed the bankruptcy court that it was appearing on behalf of the firm and the record is devoid of any mention of the firm by the attorney or any other party)

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