The Supreme Court will be deciding on three bankruptcy cases during its 2009/2010 term. In an earlier bankruptcy blog, I have already discussed one of the three cases the US Supreme Court plans to hear. Milavetz Gallop v. United States, which addresses the relationship between bankruptcy lawyers and their clients. As you may recall, the Milavetz Gallop case addresses the requirement in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 that bankruptcy lawyers refer to themselves as “Debt Relief Agencies.”  The Act also includes other mandated “disclosures” and restricts the advice a bankruptcy lawyer may give to a client.

 Another case is The case of U. S. Student Aid Funds v. Espinosa which will determine the type of procedural steps required to discharge a student loan. The Espinosa case was presented to the Supreme Court from the Ninth Circuit Court of Appeals after the appeals court decided that a student loan could be discharged by the provisions of a confirmed Chapter 13 plan. The student lender contended that an adversary proceeding was required to obtain the discharge.

A third case that will be heard is Schwab v. Reilly. This case disputes the method of claiming an exemption. The National Association of Consumer Bankruptcy Attorneys has submitted a brief in support of personal bankruptcy attorneys in the Schwab v. Reilly case. The issues before the Supreme Court are the value of the asset exempted in bankruptcy and the time period allowed for objection to the exemption by the trustee.

If you live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, or Golden, Colorado, and have any questions please feel free to contact me.

Kevin D. Heupel, Colorado Bankruptcy lawyer, 303-955-7570 , Colorado Bankruptcy Help Email,                       personal bankruptcy free-consultation form