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Bankruptcy, Insolvency and Creditors’ Rights
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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...
by Richard A. Vance March 01, 2016
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Riding Through the Reaffirmation Agreement

While the number of ECF notices I receive may overwhelm my inbox, it is the rare occasion when I don't recognize the case number. But that happened this week when a reaffirmation agreement came across...
by Brian R. Pollock February 23, 2016
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Five Out of Six Not Good Enough

While hitting 5 out of 6 shots may be good on the court, it is not sufficient to prevent modification of a mortgage in the Bankruptcy Court for the Eastern District of Kentucky. The Court...
by Brian R. Pollock February 15, 2016
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Did I Forget to Turn Off the Stove? What Can Happen If You Forget to Dismiss a Settled Case

With the willingness of lenders to enter into loan modifications after filing a foreclosure action, there are a growing number of orphan cases remaining open on courts' dockets. In Kentucky, CR 77.02(2) provides for the...
by Guest Blogger February 01, 2016
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U.S. Supreme Court to Consider “Valid When Made” Doctrine

Last year, the influential Second Circuit Court of Appeals handed down a troubling, and to many banking lawyers, plainly-wrong decision in Madden v. Midland Funding LLC.[i] In that case, Midland had bought a credit card...
by Richard A. Vance January 28, 2016
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Until Debt Do Us Part Redux

The U.S. Supreme Court recently heard oral arguments in Hawkins v. Community Bank of Raymore. The Court is considering a circuit split to determine if a spousal guarantor is an "applicant" protected by the Equal...
by Brian R. Pollock October 12, 2015
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Sixth Circuit Allows FDCPA Claim Against Law Firm for Misleading Letter

The Sixth Circuit Court of Appeals issued a new FDCPA opinion this week affirming dismissal for failing to state a claim but remanding to allow a plaintiff to amend his complaint against a law firm...
by Guest Blogger August 14, 2015
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Old King Coal, What Are We Gonna Do?

Earlier this year, I became mildly obsessed with (Kentucky's own) Sturgill Simpson. In addition to being an immensely-talented throwback musician, he appears to have predicted what many bankruptcy lawyers would be doing in 2015. The...
by Guest Blogger August 13, 2015