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Bankruptcy, Insolvency and Creditors’ Rights
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...
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...
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...
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...
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...
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...
Into The Void: Kentucky Adopts Uniform Fraudulent ... er, I Mean ... Voidable Transactions Act
Until 2016, Kentucky was one of just a few states that had not adopted a model statute relating to fraudulent transfers. As mentioned in a prior post on Kentucky's statutory quirkiness, its statute descended neither...
Bankruptcy Rules Rule the Day in the Eleventh Circuit
Sometimes we forget that the Federal Rules of Bankruptcy Procedure differ from the Federal Rules of Civil Procedure by more than just the numbering scheme that adds two digits to the front of the bankruptcy...