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Firm Profile |
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Practice Areas
Bankruptcy; Administrative Law; Wills; Personal Injury; Civil Litigation
Our firm primarily practices in the area of consumer bankruptcy. For more information about bankruptcy, vist our companion site at www.waynenelson.com, or you may download our Bankruptcy Brochure. Click here to download our Bankruptcy Questionnaire.
The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became effective October 17, 2005. Debtors now need to obtain a briefing (credit counseling) and obtain a Certificate before filing bankruptcy. A list of approved credit counseling agencies can be obtained from the U.S. Department of Justice Web site. For further information about the new bankruptcy legislation, read the article entitled Bankruptcy Law Changes on the main LexisNexis Martindale-Hubbell site.
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PARTS OF NEW BANKRUPTCY LAW DECLARED UNCONSTITUTIONAL |
In his December 7, 2006 Decision, United States District Judge James M. Rosenbaum declared portions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") unconstitutional. In a subsequent Order dated April 19, 2007, Judge Rosenbaum granted summary judgment to the Plaintiff, holding as unconstitutional the section which provided attorneys could not advise bankruptcy debtors to incur additional debt prior to filing. Additionally, the provision requiring attorneys to advertise themselves as "Debt Relief Agencies" was also held to be unconstitutional. The case is now on appeal and oral argument is scheduled to be heard in Minneapolis on March 11, 2008 by the Eighth Circuit Court of Appeals. -- Stay tuned--
Click here to order your free credit report. Minnesotans can now get free annual credit reports from the three nationwide credit bureaus. |
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