I have written two blogs, Supreme Court Addresses Issue of Free Speech and Bankruptcy Law and More on Supreme Court Addresses Issues of Free Speech and Bankruptcy Law, on the issue of free speech and bankruptcy law as it was being presented to the Supreme Court in the Milavetz, Gallop & Milavetz, P.A., v. United States case. The U.S. Court of Appeals for the 8th Circuit in St. Louis ruled in 2008 that the provision was unconstitutional. But when the case came before the Supreme Court Justices they were skeptical of its merits.

On Monday, March 08, 2010, the Supreme Court ruled unanimously on this case. The ruling was presented in an opinion written by Justice Sonia Sotomayor. The opinion states: the federal law that bars attorneys from telling clients, who are contemplating bankruptcy, to take on more debt is not an unconstitutional restriction on the free-speech rights of lawyers. Justice Sonia Sotomayor concludes that bankruptcy attorneys may give their clients any advice that does not lead to an abuse of the bankruptcy system.

If you have any questions and live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Golden, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, Colorado please feel free to contact me. Kevin D. Heupel, Colorado Bankruptcy lawyer, 303-955-7570, COBankruptcyHelpEmail, free-consultation form.