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Bankruptcy, Insolvency and Creditors’ Rights
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Lis Pendens Saves Equitable Mortgage

The Kentucky Court of Appeals recently affirmed in Brooks v. J.P.Morgan Chase Bank, N.A. that an equitable mortgage established in litigation has priority over a pendente lite mortgage. The Lender filed an action to correct...
by Richard A. Vance March 13, 2017
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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
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Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations

Last week in Macy v. GC Services, the United States District Court for the Western District of Kentucky certified a class action involving the Fair Debt Collection Practices Act ("FDCPA"). According to the plaintiffs, GC...
by Guest Blogger February 17, 2017
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Junk Faxes Go to the Head of the Class (Action)

In its latest "junk fax" case, the Sixth Circuit Court of Appeals reversed a district court's denial of class certification and dismissal of a lawsuit alleging that Top Flite Financial, Inc., a mortgage company, violated...
by Guest Blogger January 13, 2017
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Still Not Valid When Made

Last year, we posted about Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015), where the Second Circuit Court of Appeals decided to ignore the "Valid When Made" doctrine. This is the established...
by Richard A. Vance January 04, 2017
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New York and Florida Courts Enforce E-Notes

Appellate courts in New York and Florida recently ruled that mortgage lenders "holding" electronic notes had standing to foreclose on the real property securing the E-Notes. Although Congress passed the Electronic Signatures in Global and...
by Richard A. Vance June 29, 2016
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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
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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