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Bankruptcy, Insolvency and Creditors’ Rights
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Knowing When to Walk Away

The law governing the repossession of collateral is similar to Kenny Rogers’ advice in his classic, “The Gambler.” Like the old-time card players in Rogers’ ballad, secured parties who utilize self-help to repossess collateral must know when to walk away . . . and when to run. Indiana, like most states, allows secured parties to use “self-help” to repossess collateral securing a defaulted debt.

by Stites & Harbison, PLLC November 10, 2021
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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 July 06, 2021
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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
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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