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HERSH v. U.S.

No. CIV.A. 3:05-CV-2330-N.

347 B.R. 19 (2006)

Susan B. HERSH, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

July 26, 2006.

Attorney(s) appearing for the Case

Howard Marc Spector, Law Office of Howard Marc Spector, Dallas, TX, for Plaintiff.

Marcia K. Sowles, Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

GODBEY, District Judge.

Before the Court is Defendants' Motion to Dismiss. The Court holds that section 526(a)(4)'s restrictions on legal advice violate Hersh's First Amendment rights, but otherwise grants the motion to dismiss.

I. ORIGINS OF HERSH'S CLAIMS AND THE GOVERNMENT'S MOTION TO DISMISS

In 2005, Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"). The act contains...

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