Georgia Judge Excludes Attorneys From "Debt Relief Agencies"

Under the new bankruptcy law all people who provide bankruptcy assistance to prospective bankruptcy filers are disclose that they are "debt relief agencies." Under the strict language of the new law all bankruptcy attorneys are required to disclose that they and their law firms are "debt relief agencies" to their prospective clients and in their public advertising including yellow page ads. In a decision issued October 17, 2005, the effective date of the new bankruptcy law, a Georgia bankruptcy judge, Judge Lamar W. Davis, Jr. issued a rulling that, "attorneys regularly admitted to the Bar of this Court... are not covered by the provisions of the Code regulating debt relief agencies and are excues from compliance ...." with disclosure provisions. This is a common sense ruling which hopefully will be followed by Florida bankruptcy judges.