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The issue prior to the Court was whether Bankruptcy lawyers were "credit card debt relief agencies" as defined by 11 U.S.C. �101(12A. The BAPCPA amendments "prohibit such "agencies" from "advis[ing] an assisted incur more debt in contemplation of [filing for bankruptcy] . . . ." �526(a)(4). It also requires the crooks to disclose of their advertisements for sure services the services are regarding or may involve bankruptcy relief, ��528(a)(3), (b)(2)(A), also to identify themselves as credit card debt relief agencies, ��528(a)(4), (b)(2)(B)."
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The Government signifies that the saying "in contemplation of" bankruptcy has commonly been related to abusive conduct - it may readily be understood to prefigure abuse. As employed in �526(a)(4), however, we presume the saying is the term for a unique kind of misconduct made to manipulate the protections of the bankruptcy system... [W]e conclude that �526(a)(4) prohibits a debt help agency only from advising a debtor to incur more debt for the reason that debtor is your bankruptcy filing, in lieu of for any valid purpose... That "[n]o other solution yields as sensible a" result further persuades us from the correctness on this narrow reading.
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