Critical Case Comment – Hersh v. United States, 2008 WL 5255905 (5th Cir. December 18, 2008)

Hersh v. United States, 2008 WL 5255905 (5th Cir. December 18, 2008)

An attorney is a debt relief agent as defined by § 101(12A) and the prohibition imposed on a DRA by § 526(a)(4) is not an unconstitutional restriction on speech where that section is narrowly construed.

Summary of the Case

Susan Hersh was a debtor’s attorney who generally practices in the Northern District of Texas. She instituted a declaratory action against the United States . . .

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