When the Hunstein decision(s) (see citations below) first came out, it caused shock waves through the collection industry. Taken on its face, no debt collection entity would be able to use any third-party vendor to perform any tasks if the transmission of what could be deemed personal information were sent in connection with the service to be performed. While the case had to do with a mailing service used by the debt collector, its application could spread to skip tracing services, service of process vendors and other service providers essential to debt collectors, both large and small. Read more
Current State of the Law on Perfection of Security Interests in Kentucky
The process for perfecting a security interest in Kentucky is a two-step process involving two forms. Read more
The Dangers of Relying on the Automatic Termination of the Stay Revisited in Indiana
When the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was passed in 2005 one of the provisions heralded was the automatic termination of the stay imposed by 11 U.S.C. §362 in certain conditions. One of those conditions involved repeat filings. However, a close reading of the statute calls into question the scope of the remedy. Read more
Do You Need To Return Property Taken Prior To A Bankruptcy Filing? U.S. Supreme Court Decides the Issue in City of Chicago v. Fulton
In a much anticipated ruling, the U.S. Supreme Court decided that the mere retention of estate property after the filing of a bankruptcy petition does not violate the automatic stay imposed by 11 U.S.C. §362(d)(3). Newly appointed Justice Barrett did not take part in the consideration of the case, nor the decision. Of the remaining eight Justices, seven joined the majority opinion authored by Justice Alito, while Justice Sotomayor filed a concurring opinion. In essence, this is a unanimous decision on the issue. City of Chicago. v. Fulton, Sup.Ct. No. 19-357, 592 U.S. ____, 2021 U.S. LEXIS 496 (Jan. 14, 2021). Read more