Milavetz, Gallop & Milavetz, P.A. v. United States; United States v. Milavetz, Gallop, & Milavetz, P.A.

Holding: Lawyers cannot advise their clients to incur more debt in bad faith, but they can do so in good faith i.e., if there is a valid reason to do so other than to have the debt discharged by a bankruptcy court.

Judgment: Affirmed in part, reversed in part, and remanded, 9-0, in an opinion by Justice Sonia Sotomayor on March 8, 2010. Justices Scalia and Thomas joined in part, and filed opinions concurring in part and concurring in the judgment.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Milavetz, Gallop & Milavetz, P.A., et al. (in 08-1119 only)
• Brief for Respondent United States of America
• Reply Brief for Petitioner Milavetz, Gallop & Milavetz, P.A., et al. (in 08-1119 only)

Amicus Briefs

• Brief for the American Bar Association in Support of Petitioner (in 08-1119 only)
• Brief for the Commercial Law League of America in Support of Petitioner (in 08-1119 only)
• Brief for the Public Good, the Center for Science in the Public Interest, the Environmental Law Foundation, and the Center for Environmental Health in Support of Respondent (in 08-1119 only)

Certiorari-stage documents

• Opinion below (8th Circuit)
• Brief in opposition for the United States (08-1119)
• Brief in opposition (08-1225)
• Petitioner's reply (08-1225)
• Petitioner's reply (08-1225)