Creditors' Sidebar

Bankruptcy, Insolvency and Creditors’ Rights

Creditors' Sidebar

The Draconian Statute Rears Its Head Again

While a colleague has likened Kentucky’s guaranty statute to Lewis G. Carroll’s Jabberwocky, the statute that frightens us more is Kentucky’s failure to release statute. It is a statute that comes with draconian penalties ($500/day plus attorney’s fees) and a lack of judicial interpretation.

by Brian R. Pollock and Calesia Henson July 06, 2021

Creditors' Sidebar

Keeping up with the Changing Landscape of the FDCPA

Due to foreclosure and eviction moratoriums, voluntary forbearances, or the influx of government stimulus, the anticipated wave of creditor actions as a result of the pandemic have been held at bay.

by Brian R. Pollock April 20, 2021

Creditors' Sidebar

Automatic Stay Does Not Mean Debtors Get Their Cars Back Automatically

The Supreme Court has ruled unanimously that the “mere retention of property does not violate § 362(a)(3)” of the automatic stay.

by Brian R. Pollock January 19, 2021

Creditors' Sidebar

Enforcers of Security Interests in Nonjudicial Foreclosure Proceedings Are Not Subject to Many Provisions of the Fair Debt Collection Practices Act

In March 2019, the U.S. Supreme Court issued a narrow holding that debt collectors enforcing security interests in nonjudicial proceedings are subject to only one section (Section 1692f(6)) of the Fair Debt Collection Practices Act (FDCPA).

by Katie M. Glass January 23, 2020

Creditors' Sidebar

It is still so Madden-ing!

We have posted twice before on the Second Circuit Court of Appeals’ incorrect decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). There, the court of appeals reversed a district court ruling and refused to enforce a Delaware choice of law provision citing the public policy inherent in the New York criminal usury statute.

by Richard A. Vance December 31, 2019

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