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  • Posts by April Wimberg

    April represents both debtors and creditors in bankruptcy proceedings, workouts, and commercial litigation in federal and state courts in Kentucky and Indiana. Representations have included major corporations, small business ...

This article appeared in the April 2018 edition of the Louisville Bar Association's "Bar Briefs."

Actions from a national bankruptcy law firm will likely cast a gray cloud over the consumer-based national law firm model for some time. On February 12, 2018, a Virginia bankruptcy judge issued a 64-page opinion in the consolidated cases of Robbins v. Delafield et al., Adv. No. 16-07024 (Bankr. W.D. Va.) and Robbins v. Morgan et al., Adv. No. 16-05014 (Bankr. W.D. Va.) sanctioning the practices of a national consumer bankruptcy practice, UpRight Law. In these Virginia cases, as outlined more below, the court found significant evidence of an overarching scam that “preyed upon some of the most vulnerable in our society.”

Posted in Litigation

Every business at some time struggles with not being paid – even law firms. Indeed, I have yet to meet an attorney that has not had some issue with collections. However, Kentucky’s Attorney’s Lien statute (KRS 342.320) is not helpful to most attorneys with their collection efforts. In fact, the Kentucky Supreme Court recently issued an opinion that greatly narrows the ability for ...

Posted in Litigation

In a favorable ruling to creditors and bankruptcy trustees, SCOTUS issued its ruling yesterday in Husky Int'l Elecs., Inc. v. Ritz (In re Ritz) addressing a circuit split on whether “actual fraud” requires a debtor in bankruptcy to have made a false representation. The 7-1 majority found that “actual fraud” under §523(a)(2)(A) of the Bankruptcy Code to encompass fraudulent ...

Posted in Litigation

In the new Legal Forum Column, BGD attorney April A. Wimberg discussed bankruptcy filings. Read her advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Bankruptcy filings are expected to rise in 2016.  Are there any steps I should take to protect myself and my business?

After one of the slowest years for corporate bankruptcy filings ...

Posted in Litigation

As we end one of the slowest years for corporate bankruptcy filings, all indicators point to the fact that filings should heat up in 2016. Bankruptcy can be extremely disruptive to clients; however, the following tips may help your clients that could find themselves creditors, or debtors, in the new year.

The Buzz of Burgeoning Bankruptcy Filings

Last week, the Office of the Comptroller ...

Posted in Litigation

The Supreme Court recently confirmed in Wellness Int'l Network, Ltd. v. Sharif that parties may consent to having bankruptcy judges resolve their non-core claims – claims to which bankruptcy courts would normally lack adjudicatory authority. The issue presented to the court was whether Article III permits the exercise of the judicial power of the United States by the bankruptcy ...

Posted in Litigation

In this month’s Louisville Business First Legal Forum Column, BGD attorney April A. Wimberg discusses what companies can do to reduce their liability in the case of an electronic data breach. Read her advice below and don’t miss our monthly Legal Forum Column in Louisville Business First!

How can I decrease my company’s electronic data breach liability?


Planning ...

Posted in Litigation

There is no doubt that electronic data breaches are a hot topic. The recent breach of Morgan Stanley’s customer data is a prime example and chilling reminder that businesses, no matter the amount of security measures, are at risk of an electronic data breach. Indeed, as nearly every state has passed its own set of unique electronic data breach laws, electronic data breaches are ...



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