September 24, 2008
BAPCA Provision Held Violative of First Amendment
In Milavetz, Gallop & Milavetz, P.A. v. U.S., __ F.3d __ (8th Cir. Sept. 2008), the court analyzed whether certain provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)—11 U.S.C. §§ 526(a)(4) and 528(a)(4) and (b)(2) -- were unconstitutional restraints on speech, and found one was. Part of the Worst Statute in the World goes down in flames.
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