During its current term, the U.S. Supreme Court will hear argument in two critical bankruptcy cases. The first, Milavetz v. United States, includes a challenge to the constitutionality of the debt relief agency provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, or BAPCPA. This Supreme Court decision may finally resolve whether attorneys are included within the definition of a “debt relief agency” and, if so, whether the requirements imposed upon debt relief agencies are constitutional as applied to attorneys.
The second, Schwab v. Reilly, calls on the court to decide whether a trustee waives any objection to a debtor’s exemption if the trustee fails to object within the 30-day limitation provided by Federal Rule of Bankruptcy Procedure 4003. This case should clarify the holding of an earlier U.S. Supreme Court case on a related issue.
Background of Milavetz
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