A single petitioning creditor initiated the case of In re Zenga based on the putative debtors' responses to interrogatories which identified 10 creditors.

In 2014, the Eleventh Circuit Court of Appeals released its highly-controversial opinion in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014), becoming the first circuit to rule that a debt collector violates the FDCPA when it files a proof of claim in a bankruptcy case on a time-barred debt.

Well, at least that is the case as the Eleventh Circuit rules on communications between attorneys. Recently, I read a warning from a colleague about the expansion of liability for creditor's lawyers under the FDCPA.

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 rules.

The trial court granted the motion.

When handling an FDCPA claim, there are many initial questions to ask. Besides the definitional issue, it is valuable to look for prior bankruptcies.

Similar to pizza ingredients, artificial impairment of creditors results in artificial confirmation of the Chapter 11 plan.

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.

When an FDCPA complaint comes across my desk, one of the first questions I ask is whether my client is a "debt collector."

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.

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.

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.

The U.S. Supreme Court recently heard oral arguments in Hawkins v. Community Bank of Raymore.

2014 was a big year for data security breaches and 2015 may reveal even more complex and troubling problems.

While the Circuits may disagree on who started the dispute, they certainly disagree on the definition of "applicant" under the Equal Credit Opportunity Act.