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Bankruptcy, Insolvency and Creditors’ Rights
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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
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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
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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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Is eRecording Secure? Recognizing the Risks, Deflating the Myths

When it comes to the electronic recording and notarization of documents, Kentucky has historically been on the outside looking in, while neighboring states have embraced the efficiency and cost-saving benefits of eRecording. But that may...
by Richard A. Vance January 05, 2018