September 01, 2013

Constitutionality of the Attorney Liability Provisions of the Bankruptcy Reform Act

Erwin Chemerinsky and Barbara Glesner Fines
  • How can I challenge the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act?
From Attorney Liability in Bankruptcy, Chapter 8

The attorney liability provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BRA)1 will present many attorneys with a difficult choice if they decide to continue to advise clients about bankruptcy: either challenge these provisions or risk conceding important rights and professional independence. The constitutional implications of the BRA look like a table of contents in a constitutional law treatise:2

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