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ADAMS v. ZENAS ZELOTES, ESQ.

Docket No. 07-1853-cv.

606 F.3d 34 (2010)

Diana G. ADAMS, in her official capacity as United States Trustee, Region 2, Defendant-Appellant, v. ZENAS ZELOTES, ESQ., Plaintiff-Appellee. The Financial Services Roundtable, American Bankers Association, Consumer Bankers Association, Movants. Connecticut Bar Association, National Association of Consumer Bankruptcy Attorneys, Amici Curiae.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2010.

Attorney(s) appearing for the Case

Mark R. Freeman (Mark B. Stern, on the brief), on behalf of Peter D. Keisler, Assistant Attorney General, Appellate Staff, Civil Division, United States Department of Justice, and Kevin J. O'Connor, United States Attorney for the District of Connecticut, for Defendant-Appellant.

Zenas Zelotes, Esq., Norwich, CT, Plaintiff-Appellee, pro se.

Barry S. Feigenbaum, Rogin, Nassau, Caplan, Lassman & Hirtle, LLC, Hartford, CT; Peter J. Rubin, Georgetown University Law Center, Washington, DC; Jonathan S. Massey, Bethesda, Maryland, for Amici Curiae Connecticut Bar Association and the National Association of Consumer Bankruptcy Attorneys in support of Plaintiff-Appellee.

Gene C. Schaerr, John D. McMickle, Steffen N. Johnson, Jeffrey M. Anderson, Winston & Strawn LLP, Washington, DC; Richard M. Whiting, The Financial Services Roundtable, Washington, DC; Gregory F. Taylor, American Bankers Association, Washington, DC, for Movants The Financial Services Roundtable, American Bankers Association, and Consumer Bankers Association in support of Defendant-Appellant.

Before: B.D. PARKER, LIVINGSTON, and CHIN, Circuit Judges.

PER CURIAM:

On October 14, 2005, Plaintiff-Appellee Zenas Zelotes, an attorney whose "principal practice area is consumer bankruptcy," filed a complaint in United States District Court for the District of Connecticut alleging that a provision of the Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") of 2005, Pub.L. No. 109-8, 119 Stat. 23 (2005), is facially invalid under the First Amendment. The district court (Dorsey...

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