The Fair Debt Collection Practices Act Does Not Apply to Fines

The Fair Debt Collection Practices Act Does Not Apply to Fines Businesses taking extra steps to make sure they are not violating the Fair Debt Collection Practices Act (“FDCPA”) in debt collecting may have less to worry about if they are collecting “nonconsensual fines”. See Gulley v. Markhoff & Krasny,

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Exceptions to Discharge: Bankruptcy Overview

Exceptions to Discharge:   11 U.S.C. § 523(a)(2)(A)   Pursuant to Rule 4007(c) of the Federal Rules of Bankruptcy Procedure, a complaint for the determination of the dischargeability of a debt under § 523(a)(2) must be filed within sixty days from the date of the first meeting of creditors, and if

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Collateral estoppel: Proactive litigation strategies are crucial

Collateral estoppel| Jamie Harris in our firm recently posted about collateral estoppel in bankruptcy cases.  Collateral estoppel is one of those terms that usually ends the conversation at cocktail parties, or draws glazed looks when attorneys discuss it with clients.  I like to explain it as “you only get one

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DelCotto Law Group Files Majority of Chapter 11s

DelCotto Law Group Files Majority of Chapter 11’s In 2015, DelCotto Law Group PLLC filed nearly sixty percent[1] of all Chapter 11 bankruptcy cases filed in the Eastern District of Kentucky.  This is an increase from 2014 when the firm filed nearly forty percent[2] of all Chapter 11 cases in the Eastern

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