072405P.pdf   09/04/2008  Milavetz & Gallop  v.  United States
   U.S. Court of Appeals Case No:  07-2405
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
   Civil case - bankruptcy. Giving the provisions of the Bankruptcy
   Abuse Prevention and Consumer Protection Act of 2005 a plain reading,
   attorneys who provide bankruptcy assistance to assisted persons are
   unambiguously included in the definition of debt relief agencies;
   regardless of whether the government's interest in prohibiting certain
   kinds of speech under the Act was legitimate or compelling, Section
   526(a)(4) preventing debt relief agencies from advising debtors to incur
   debt was unconstitutionally overbroad as applied to attorneys because it is
   not narrowly tailored, nor narrowly and necessarily limited to restrict only
   that speech that the government has an interest in restricting; this
   prohibition would included advice constituting prudent bankruptcy
   planning that is not an attempt to circumvent, abuse or undermine
   bankruptcy laws and, as written, prevents attorneys from fulfilling their
   duty to clients to give them appropriate and beneficial advice not
   otherwise prohibited by the Bankruptcy Code or other applicable law;
   advertising disclosure requirements mandated by Sections 528(a)(4) and
   (b)(2)(B) of the Act which require debt relief agencies to disclose that
   they are debt relief agencies which help people file for bankruptcy relief
   under the Code are not unconstitutional as they only require attorneys to
   disclose factually correct statements in their advertising; although less
   intrusive means may be conceivable to prevent deceptive advertising, the
   sections' disclosure requirements are reasonably related to the
   government's interest in protecting consumer debtors from deceptive
   advertising. Judge Colloton, concurring in part and dissenting as to
   whether Section 526(a)(4) is unconstitutionally overbroad.