Comments on: Exceptions To Being A Debt Relief Agency http://www.bankruptcylawnetwork.com/2007/02/27/eceptions-to-being-a-debt-relief-agency/ Real Lawyers, Real Solutions Tue, 10 Nov 2009 16:34:06 -0700 http://wordpress.org/?v=2.8.6 hourly 1 By: Aubree http://www.bankruptcylawnetwork.com/2007/02/27/eceptions-to-being-a-debt-relief-agency/comment-page-1/#comment-12282 Aubree Fri, 27 Jul 2007 14:55:20 +0000 http://www.bankruptcylawnetwork.com/2007/02/27/eceptions-to-being-a-debt-relief-agency/#comment-12282 <strong>Aubree</strong> Getting credit cards online has never been a better time to consolidate Aubree

Getting credit cards online has never been a better time to consolidate

]]> By: Andy Miofsky, Attorney at Law http://www.bankruptcylawnetwork.com/2007/02/27/eceptions-to-being-a-debt-relief-agency/comment-page-1/#comment-86 Andy Miofsky, Attorney at Law Tue, 27 Feb 2007 20:00:27 +0000 http://www.bankruptcylawnetwork.com/2007/02/27/eceptions-to-being-a-debt-relief-agency/#comment-86 Thanks for pointing out this case, Chip. Upon review, it is clear the decision is limited to attorneys who do not charge a fee for their services. In this Florida case, the attorney provided free legal services to an indigent client.  This is called pro bono work.  A necessary element of the DRA statute is the requirement of providing a service for the payment of money or other valuable consideration, hence the attorney was not a DRA in this instance. Although the Judge comments in dicta that he believes the law is unconstitutional, he does not decide the case on that issue. I suspect a for-profit lawyer will soon present a similar motion to this Judge in an effort to have the law declared unconstitutional on the broader issue. Thanks for pointing out this case, Chip. Upon review, it is clear the decision is limited to attorneys who do not charge a fee for their services. In this Florida case, the attorney provided free legal services to an indigent client.  This is called pro bono work.  A necessary element of the DRA statute is the requirement of providing a service for the payment of money or other valuable consideration, hence the attorney was not a DRA in this instance. Although the Judge comments in dicta that he believes the law is unconstitutional, he does not decide the case on that issue. I suspect a for-profit lawyer will soon present a similar motion to this Judge in an effort to have the law declared unconstitutional on the broader issue.

]]> By: Chip Parker http://www.bankruptcylawnetwork.com/2007/02/27/eceptions-to-being-a-debt-relief-agency/comment-page-1/#comment-85 Chip Parker Tue, 27 Feb 2007 18:05:27 +0000 http://www.bankruptcylawnetwork.com/2007/02/27/eceptions-to-being-a-debt-relief-agency/#comment-85 Recently, Judge A. Jay Cristol of the Southern District of Florida ruled that attorneys are not debt relief agencies. You can see a copy of the decision at http://www.jaxbkybar.com/PDF/cristol_order.pdf Recently, Judge A. Jay Cristol of the Southern District of Florida ruled that attorneys are not debt relief agencies. You can see a copy of the decision at http://www.jaxbkybar.com/PDF/cristol_order.pdf

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