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Bankruptcy, Insolvency and Creditors’ Rights
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...
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...
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...
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...
Artificial Impairment, Artificial Confirmation
Similar to pizza ingredients, artificial impairment of creditors results in artificial confirmation of the Chapter 11 plan. In Village Green I, GP v. Fannie Mae (In re Village Green I, GP), the Sixth Circuit affirmed...
Feeling Comfortable Using Legal Jargon in Everyday Life
While I thought that only a Kentucky senator would object to his own legislation, Chapter 11 debtors in the Eighth Circuit must object to their own plan to have person-aggrieved standing for an appeal. In...
Eleventh Circuit Protects Creditors from Unscrupulous Attorneys
When an FDCPA complaint comes across my desk, one of the first questions I ask is whether my client is a "debt collector." A "debt collector" under the FDCPA (15 U.S.C. § 1692a(6)F)(iii)) cannot be...
Kentucky Legislature To Consider Commercial Receivership Reform
As the Kentucky General Assembly passed the midpoint in its session, a bill was introduced to overhaul the procedures in commercial receivership (Senate Bill 149). A receiver is a person appointed by a court to...