Number: RS22683
Title: Legal Challenges to the Client Communication Provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Authors: Carol A. Pettit, American Law Division 
Abstract: Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in an effort to improve the U.S. bankruptcy system by curtailing perceived abuses. Some of the act's consumer protection provisions circumscribe the speech of attorneys who assist clients on bankruptcy matters. Several U.S. district courts have found that selected restrictions in these provisions violate the First Amendment right to freedom of speech. This report describes the relevant BAPCPA provisions and discusses the recent court decisions.
Pages: 6
Date: April 24, 2008