Parties: MILAVETZ, GALLOP & MILAVETZ, P. A., et al., Petitioners v. UNITED STATES (No. 08-1119) UNITED STATES, Petitioner v. MILAVETZ, GALLOP & MILAVETZ, P. A., et al. (No. 08-1225)
Date: 2010-03-08
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Paragraph: 32 - Covered professionals remain free to "tal[k] fully and candidly about the incurrence of debt in contemplation of filing a bankruptcy case." Brief for Milavetz 73. Section 526(a)(4) requires professionals only to avoid instructing or encouraging assisted persons to take on more debt in that circumstance. Cf. ABA Model Rule of Professional Conduct 1.2(d) (2009) ("A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a [**1338] client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law"). Even if the statute were not clear in this regard, we would reach the same conclusion about its scope because the inhibition of frank discussion serves no conceivable purpose within the statutory scheme.
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