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Bankruptcy, Insolvency and Creditors’ Rights
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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
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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...
by Guest Blogger April 25, 2016
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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...
by Guest Blogger April 22, 2016
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But Who Cares If You Were Actually Confused? No Proof of Confusion Required for Claims Under Section 1692g of the FDCPA

This week the Seventh Circuit Court of Appeals ruled that claims under Section 1692g of the FDCPA can survive summary judgment, even without extrinsic proof the plaintiffs were confused by a creditor's correspondence. In Janetos...
by Guest Blogger April 08, 2016
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Kentucky Legislative Tweaks

With only one day left in the 2016 legislative session—the legislature is scheduled to adjourn sine die on April 12—the General Assembly has passed, and the Governor signed, less than 30 of the 941 bills...
by Richard A. Vance April 05, 2016
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Judicial Estoppel Not a Slam Dunk

Seeing my Virginia Cavaliers lose to the Syracuse Orange and reading Mefford v. Norton Hospitals, reminds me that any discussion of judicial estoppel needs to be tempered by the doctrine's exceptions and that the game...
by Guest Blogger March 28, 2016
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Judicial Estoppel Better than Not Being a Debt Collector

When handling an FDCPA claim, there are many initial questions to ask. Besides the definitional issue, it is valuable to look for prior bankruptcies. When a debtor fails to disclose the claim on the bankruptcy...
by Brian R. Pollock March 24, 2016