ORGS. FOR BANKRUPTCY v. DEPT. OF BANKING

Nos. 13 MAP 2010, 16 MAP 2010.

26 A.3d 474 (2011)

UNITED STATES ORGANIZATIONS FOR BANKRUPTCY ALTERNATIVES, INC., Appellee v. DEPARTMENT OF BANKING and Glenn E. Moyer, in his Capacity as the Secretary of the Department of Banking, Appellant. United States Organizations for Bankruptcy Alternatives, Inc., Cross-Appellant v. Department of Banking and Glenn E. Moyer, in his Capacity as the Secretary of the Department of Banking, Cross-Appellee.

Supreme Court of Pennsylvania.

Decided August 15, 2011.


Attorney(s) appearing for the Case

Susan J. Forney , Howard Greeley Hopkirk, Kenneth Lawson Joel, John G. Knorr III , Calvin Royer Koons , William H. Ryan Jr. , Harrisburg, PA Office of the Attorney General, for PA Department of Banking & Steven Kaplan.

Timothy James Nieman , Robert J. Tribeck , Rhoads & Sinon, L.L.P., Harrisburg, for United States Organizations for Bankruptcy Alternatives, Inc., United States Organizations for Bankruptcy Alternatives, Inc.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Chief Justice CASTILLE.

We decide the cross-appeals of the Commonwealth Department of Banking and Glenn E. Moyer, in his capacity as the Department's Secretary, (together, the "Department"), and of the United States Organizations for Bankruptcy Alternatives, Inc. ("USOBA"), a trade association. In these direct appeals, the parties challenge different aspects of the Commonwealth Court's decision that the Debt Management Services Act ("Act 117...

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