11 U.S.C. §101(12A); Debt Relief Agencies; Attorneys
In re McCartney, 336 B.R. 588 (Bankr. M.D.Ga. January 12, 2006) (Hershner)
Debtor’s counsel filed a Motion to Determine Attorney Status, seeking a determination that attorneys who practice before the court were no “debt relief agencies” under §101(12A) of the Code. Since no party has threatened to enforce the statute against the attorney, and he has sustained no real, actual or direct harm, he has failed to satisfy the case or controversy requirement. The motion was dismissed.
