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Bankruptcy, Insolvency and Creditors’ Rights
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SCOKY Drops the Ball in Unifund

The Kentucky Supreme Court offered a new interpretation of Kentucky's usury statute, KRS 360.010, in a collection case involving a credit-card receivable. Unfortunately, SCOKY interpreted a statute that did not apply.Harrell, a consumer, had a...
by Richard A. Vance August 22, 2017
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Comer Introduces Industrial Hemp Bill

Kentucky Representative (and former agriculture commissioner) James Comer introduced new legislation (H.R. 3530) to reduce the burden of regulations and statutes applicable to industrial hemp, an industry which is growing by leaps and bounds in...
by Richard A. Vance July 31, 2017
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Kentucky General Assembly Halves Judgment Interest Rate

The Kentucky legislature amended KRS 360.040, which governs the interest rate on money judgments. Previously, money judgments bore interest at 12% - the new rate is 6%, which is more in line with other states.Importantly...
by Richard A. Vance July 24, 2017
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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