Member

Brian R. Pollock

Brian is a Member in the Louisville office where he is a member of the Creditors' Rights & Bankruptcy Service Group.

Brian's practice focuses on lender liability matters, commercial and residential foreclosures, defense of avoidance and preference actions, representation of creditors in bankruptcy court, and commercial litigation. Brian edits and contributes to Creditors' Sidebar, a legal blog focused on bankruptcy and creditors' rights issues.

Recent News, Articles & Speaking Engagements

Ensuring that Security Agreements and Financing Statements are Valid

Protecting Creditors' Rights, Sterling Education Services, September 10, 2014
Bar Admissions
Kentucky
Memberships
American Bar Association
Kentucky Bar Association
Louisville Bar Association
Community Involvement

Cedar Ridge Camp, President (2013) and Board Member

Habitat for Humanity, Volunteer

Education
Before Stites & Harbison

Prior to joining the firm, Brian served as a federal judicial law clerk for the Honorable Thomas H. Fulton of the U.S. Bankruptcy Court for the Western District of Kentucky. Before pursuing his legal career, Brian coordinated the educational and special events programming at the Filson Historical Society for five years.

More Than Stites & Harbison

Outside of the firm, Brian is active on the board of Cedar Ridge Camp, serving as president in 2013. He regularly volunteers with Habitat for Humanity, mainly with the construction crew. Brian is also an active member of Harvey Browne Presbyterian Church.

Besides Stites & Harbison

Brian enjoys working with his hands, whether it be landscaping, construction and home maintenance, or cooking. When not complaining about an injury, he also enjoys running and other outdoor activities.

Accolades

Kentucky Super Lawyers®, Rising Star (2018-19)

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Press Releases

Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 07, 2018
Press Releases

Stites & Harbison promotes two attorneys effective January 2018

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that two attorneys have been promoted within the law firm effective January 2018.

by Stites & Harbison, PLLC January 02, 2018
Press Releases

Kentucky Super Lawyers honors 51 Stites & Harbison attorneys for 2018

LOUISVILLE, Ky.—The 2018 edition of Kentucky Super Lawyers recently honored 55 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 39 attorneys to the Super Lawyers list and 12 attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 11, 2017
Creditors' Sidebar

The Power Of Three Overcomes A Putative Debtor Who Can Count To Twelve

The Sixth Circuit BAP has reversed the denial of a motion to dismiss an involuntary petition. A single petitioning creditor initiated the case of In re Zenga based on the putative debtors' responses to interrogatories...
by Brian R. Pollock February 23, 2017
Creditors' Sidebar

We Said It Once and We’ll Say It Again - Debt Collectors Face FDCPA Liability for Filing Time-Barred Proofs of Claim

In 2014, the Eleventh Circuit Court of Appeals released its highly-controversial opinion in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014), becoming the first circuit to rule that a debt collector violates...
by Guest Blogger June 02, 2016
Creditors' Sidebar

Debt Collectors: Remember Opposing Counsel is Not Competent

Well, at least that is the case as the Eleventh Circuit rules on communications between attorneys. Recently, I read a warning from a colleague about the expansion of liability for creditor's lawyers under the FDCPA...
by Brian R. Pollock May 06, 2016
Creditors' Sidebar

Bankruptcy Rules Rule the Day in the Eleventh Circuit

Sometimes we forget that the Federal Rules of Bankruptcy Procedure differ from the Federal Rules of Civil Procedure by more than just the numbering scheme that adds two digits to the front of the bankruptcy...
by Guest Blogger April 22, 2016
Creditors' Sidebar

Judicial Estoppel Not a Slam Dunk

Seeing my Virginia Cavaliers lose to the Syracuse Orange and reading Mefford v. Norton Hospitals, reminds me that any discussion of judicial estoppel needs to be tempered by the doctrine's exceptions and that the game...
by Guest Blogger March 28, 2016
Creditors' Sidebar

Judicial Estoppel Better than Not Being a Debt Collector

When handling an FDCPA claim, there are many initial questions to ask. Besides the definitional issue, it is valuable to look for prior bankruptcies. When a debtor fails to disclose the claim on the bankruptcy...
by Brian R. Pollock March 24, 2016
Creditors' Sidebar

Artificial Impairment, Artificial Confirmation

Similar to pizza ingredients, artificial impairment of creditors results in artificial confirmation of the Chapter 11 plan. In Village Green I, GP v. Fannie Mae (In re Village Green I, GP), the Sixth Circuit affirmed...
by Guest Blogger March 22, 2016
Creditors' Sidebar

Feeling Comfortable Using Legal Jargon in Everyday Life

While I thought that only a Kentucky senator would object to his own legislation, Chapter 11 debtors in the Eighth Circuit must object to their own plan to have person-aggrieved standing for an appeal. In...
by Brian R. Pollock March 09, 2016
Creditors' Sidebar

Eleventh Circuit Protects Creditors from Unscrupulous Attorneys

When an FDCPA complaint comes across my desk, one of the first questions I ask is whether my client is a "debt collector." A "debt collector" under the FDCPA (15 U.S.C. § 1692a(6)F)(iii)) cannot be...
by Guest Blogger March 04, 2016
Creditors' Sidebar

Riding Through the Reaffirmation Agreement

While the number of ECF notices I receive may overwhelm my inbox, it is the rare occasion when I don't recognize the case number. But that happened this week when a reaffirmation agreement came across...
by Brian R. Pollock February 23, 2016
Creditors' Sidebar

Five Out of Six Not Good Enough

While hitting 5 out of 6 shots may be good on the court, it is not sufficient to prevent modification of a mortgage in the Bankruptcy Court for the Eastern District of Kentucky. The Court...
by Brian R. Pollock February 15, 2016
Creditors' Sidebar

Did I Forget to Turn Off the Stove? What Can Happen If You Forget to Dismiss a Settled Case

With the willingness of lenders to enter into loan modifications after filing a foreclosure action, there are a growing number of orphan cases remaining open on courts' dockets. In Kentucky, CR 77.02(2) provides for the...
by Guest Blogger February 01, 2016
Creditors' Sidebar

Until Debt Do Us Part Redux

The U.S. Supreme Court recently heard oral arguments in Hawkins v. Community Bank of Raymore. The Court is considering a circuit split to determine if a spousal guarantor is an "applicant" protected by the Equal...
by Brian R. Pollock October 12, 2015
Presentations

Hot Topics in Banking and Real Estate Litigation

Stites & Harbison attorneys Rick Vance, Blaine Early, Chrisandrea Turner and Brian Pollock on Hot Topics in Banking and Real Estate Litigation.

by W. Blaine Early III, Brian R. Pollock, Chrisandrea L. Turner, and Richard A. Vance April 23, 2015
Client Alerts

Target Data Breach Opens Potential Recovery Path for Financial Institutions

2014 was a big year for data security breaches and 2015 may reveal even more complex and troubling problems. Individual consumers are either numb from the continual news feed detailing the various criminal scenarios...
by Brian R. Pollock, Ian T. Ramsey, and Sarah Cronan Spurlock March 02, 2015
Client Alerts

Until Debt Do Us Part: Eighth Circuit Creates Split on Violation of ECOA for Spousal Guaranties

While the Circuits may disagree on who started the dispute, they certainly disagree on the definition of “applicant” under the Equal Credit Opportunity Act (ECOA). See 15 U.S.C. § 1691e; see 12 C.F.R. § 202.2(e)...
by Brian R. Pollock February 23, 2015
Creditors' Sidebar

Statute of Frauds Prevents Borrower From Modifying Modification Agreement Orally

In Parker v. Kentucky Housing Corporation, the Kentucky Court of Appeals affirmed an order of sale in a foreclosure action. Mrs. Parker first defaulted on her obligations in 2001 and again in 2004. Kentucky Housing...
by Brian R. Pollock February 09, 2015
Creditors' Sidebar

Indiana Bankruptcy Court Sanctions Creditors For Being Bad at Math

Adding to the apparent deluge of issues surrounding the Eleventh's Circuit decision in Crawford v. LVNV Funding, LLC, the Bankruptcy Court for the Northern District of Indiana has sanctioned two creditors for not being able...
by Brian R. Pollock January 29, 2015
Creditors' Sidebar

I DECLARE RESCISSION!!

Justice Scalia, writing for a unanimous Court, concluded that to effect rescission under the Truth in Lending Act a debtor need only notify the creditor, in accordance with the CFPB's regulations of his intention to...
by Brian R. Pollock January 20, 2015
Creditors' Sidebar

It’s Not Purdy, But It’s Not A Per Se Security Agreement

In Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy), 763 F.3d 513 (6th Cir. 2014), a divided Sixth Circuit reversed the bankruptcy court's finding that cattle leases were disguised security interests. Over the...
by Brian R. Pollock January 08, 2015
Press Releases

Stites & Harbison welcomes six new attorneys

LOUISVILLE, Ky.—Stites & Harbison, PLLC, announced today the addition of six new associates to the firm. Five of the six attorneys were added to the Louisville, Ky., office; one was added to the Lexington...
by Stites & Harbison, PLLC October 15, 2012