Attorney Melchionne named as Plaintiff in lawsuit to overturn New Bankruptcy Law

Attorney Melchionne is named as one of several attorneys in Connecticut seeking to overturn onerous portions of the new Bankruptcy Law which became effective in October 2005. The new law prohibits a bankruptcy attorney from fully counseling clients about their finances which might help them avoid bankruptcy or, if bankruptcy is unavoidable, then to adequately plan for a bankruptcy case without losing assets. Additionally, the new law requires certain disclosures and statements about the law which are false and misleading. Attorney Melchionne is joined in the lawsuit by the Connecticut Bar Association and the National Association of Consumer Bankruptcy Attorneys and is being represented by Peter Rubin, a Professor of Constitutional Law at Georgetown University in Washington, DC. A decision in the case is expected to be appealed to the United States Supreme Court by the government which seeks to enforce the provisions against financially consumers. You can read newspaper coverage of the case here or download the article here.