Milavetz, Gallop & Milavetz, P.A. v. United States; United States v. Milavetz, Gallop, & Milavetz, P.A.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1119 | 8th Cir. | Dec 1, 2009 | Mar 8, 2010 | 9-0 | Sotomayor | OT 2009 |
Holding: Lawyers cannot advise their clients to incur more debt in bad faith, but they can do so in good faith i.e., if there is a valid reason to do so other than to have the debt discharged by a bankruptcy court.
Judgment: Affirmed in part, reversed in part, and remanded, 9-0, in an opinion by Justice Sonia Sotomayor on March 8, 2010. Justices Scalia and Thomas joined in part, and filed opinions concurring in part and concurring in the judgment.
SCOTUSblog Coverage
- Attorneys May Be "Debt Collectors" and "Debt Relief Agencies" (Anna Christensen, December 3, 2009)
- Are Lawyers "Debt Relief Agencies"? (Anna Christensen, November 27, 2009)
Merits Briefs
- Brief for Petitioner Milavetz, Gallop & Milavetz, P.A., et al. (in 08-1119 only)
- Brief for Respondent United States of America
- Reply Brief for Petitioner Milavetz, Gallop & Milavetz, P.A., et al. (in 08-1119 only)
Amicus Briefs
- Brief for the American Bar Association in Support of Petitioner (in 08-1119 only)
- Brief for the Commercial Law League of America in Support of Petitioner (in 08-1119 only)
- Brief for the Public Good, the Center for Science in the Public Interest, the Environmental Law Foundation, and the Center for Environmental Health in Support of Respondent (in 08-1119 only)
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