"We are a debt relief agency. We help people
file for bankruptcy relief under the Bankruptcy Code."

Some people believe the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires debtors’ bankruptcy lawyers to debase themselves and their profession by becoming a "debt relief agency." I very much disagree with that interpretation.

Unless and until I read a case from a controlling jurisdiction saying, in effect, "Yes, Gene, you and all the other debtor’s lawyers in bankruptcy are nothing more than debt relief agents," you will not see any the above wording in my ads or documents.

I’ve read the Act and all the language about "debt relief agencies," and I don’t think it requires debtors’ counsel to proclaim themselves as "debt relief agencies."

But even if I’m wrong and the Act does say that we debtors’ attorneys are merely "debt relief agencies," I believe such a law would be unconstitutional, because of its chilling effect on an attorney’s ethical and legal obligation to advise and counsel his clients.

MY right to be your legal advocate and YOUR right as a client to my legal advocacy and counsel are an inherent part of the First Amendment’s "Free Speech" clause.  And no vague, poorly-written law, such as the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," can ever supercede the United States Constitution.

If you’re drowning in debt and despair – if you’re facing lawsuits and garnishments and the loss of your home – if you don’t know where to turn and wondering about your legal rights – you want to consult an attorney. Not visit a "debt relief agency."

I’m Gene Hough ... and I’m a lawyer.