Dallas ruling could alter bankruptcies

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Dallas ruling could alter bankruptcies
2006-07-29
A federal judge in Dallas has ruled that a provision of the bankruptcy law enacted by Congress last year is unconstitutional because it prevents attorneys from giving their best advice to clients in financial distress. The ruling, by U.S. District Judge David C. Godbey, marks a victory for bankruptcy lawyers who criticized the Bankruptcy Abuse Prevention and Consumer Protection Act as a pro-credit-card industry initiative that makes it harder for debt-burdened consumers to get a second chance. Judge Godbey ruled that a provision of the law that forbids a bankruptcy attorney from advising a client to take on additional debt to pay the attorney's fee or other legal fees was unconstitutional. He said it violated the First Amendment rights of Susan B. Hersh, a Dallas attorney, who sued to overturn the provision shortly after it was enacted.
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