Wednesday, June 21, 2006

bankruptcy - "debt relief agency" provisions - standing to challenge

Geisenberger v. Gonzales - ED Pa. - June 19, 2006

http://www.paed.uscourts.gov/documents/opinions/06D0744P.pdf

The court dismissed the constitutional challenge of "practicing bankruptcy attorney" to the "debt relief agency" provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), 11 USC sec. 526-528.

The court held that there was no justiciable case or controversy under Article III, sec. 2, of the US Constitution, since the attorney had not suffered and was not about to suffer an "injury in fact." The court said that the attorney was "requesting an advisory opinion" from the court, which held that without any injury in fact, plaintiff did not have standing to bring the case.