Effective December 1, 2026, amendments to the Federal Rules of Bankruptcy Procedure (“Rules”) will take effect. These Rules govern how things are done, and while not the substantive law (which is in the Bankruptcy Code), they will affect processes and procedures in both law firms and with creditors. The following is a synopsis of those changes and thoughts about how they may affect how things are done in your shop. Read more
COLLECTION FROM A DECEDENT’S ESTATE IN KENTUCKY
You are collecting debt in Kentucky and discover that the defendant has passed away. What can you do to collect the debt from the decedent’s estate, what is the time period to get that done, and what do you do if the estate disallows your claim? Read more
Hunstein v. Preferred Collection and Management Services, Inc. – What Does It Mean For You?
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