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Category Archives: Guaranty

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Until Debt Do Us Part Redux

Posted in Circuit Split, Guaranty, SCOTUS
The U.S. Supreme Court recently heard oral arguments in Hawkins v. Community Bank of Raymore.  The Court is considering a circuit split to determine if a spousal guarantor is an “applicant” protected by the Equal Credit Opportunity Act (ECOA).  At issue is Regulation B which interpreted the ECOA’s definition of “applicant” to include a spouse-guarantor. … Continue Reading

Your Guaranty Might Be Invalid In Kentucky

Posted in Guaranty, Kentucky Law
As I’ve mentioned before, Kentucky law is quirky in many respects.  Unlike most states, Kentucky’s fraudulent transfer statute is essentially bespoke, adopting neither the Uniform Fraudulent Transfer Act or the Uniform Fraudulent Conveyance Act.  Kentucky’s Constitution requires that lawyers swear an oath that they’ve never participated in (or seconded) a duel.  Kentucky’s Constitution also adopts wholesale the… Continue Reading