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Bankruptcy, Insolvency and Creditors’ Rights
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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
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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...
by Guest Blogger March 22, 2016
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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...
by Brian R. Pollock March 09, 2016
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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...
by Guest Blogger March 04, 2016