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Editor In Chief:
Wendy Gerwick Couture
Associate Professor at the
University of Idaho
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- OPINION AUTHOR
- Hon. B. Lynn Winmill
- Hon. Candy W. Dale
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Archive Articles
Category Archives: Hon. B. Lynn Winmill
A Bankruptcy Court May Hear and Submit Proposed Findings of Fact and Conclusions of Law to the District Court Regarding a “Core” Matter Even if the Constitution Requires an Article III Judge to Finally Decide It
Case: JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW Court: United States District Court for the District of Idaho Date Issued: December 14, 2011 Judge: B. Lynn Winmill, Chief Judge, United States District Court Issue: When a Bankruptcy Court is faced with … Continue reading
Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference
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A Bankruptcy Court has Constitutional Authority to Determine the Nondischargeability of a Creditor’s State Law Claim
Case: JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW Court: United States District Court for the District of Idaho Date Issued: December 14, 2011 Judge: B. Lynn Winmill, Chief Judge, United States District Court Issue: Under Stern v. Marshall, must the District … Continue reading
Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference
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The FCRA Does Not Require A Creditor to Conduct an Investigation After a Debtor, As Opposed to a Credit Reporting Agency, Notifies the Creditor that the Debt Is Disputed
Case: Fitzgerald v. PNC, Case No. 10-CV-452-BLW Court: United States District Court for the District of Idaho Opinion Title: Memorandum Decision and Order Date Issued: April 22, 2011 Judge: Chief Judge B. Lynn Winmill, United States District Judge Issue: Whether … Continue reading
A Debtor Does Not Have A Private Cause of Action Against a Creditor under the FCRA if a Creditor Fails to Inform Credit Reporting Agencies that the Debtor Disputes the Debt
Case: Fitzgerald v. PNC, Case No. 10-CV-452-BLW Court: United States District Court for the District of Idaho Opinion Title: Memorandum Decision and Order Date Issued: April 22, 2011 Judge: Chief Judge B. Lynn Winmill, United States District Judge Issue: Whether … Continue reading
Posted in Federal Credit Reporting Act, Federal Credit Reporting Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke
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A Beneficiary of a Deed of Trust is Not a “Debt Collector” Under the FDCPA When It Acquired the Interest Before the Debt Was In Default
Case: Fitzgerald v. PNC, Case No. 10-CV-452-BLW Court: United States District Court for the District of Idaho Opinion Title: Memorandum Decision and Order Date Issued: April 22, 2011 Judge: Chief Judge B. Lynn Winmill, United States District Judge Issue: Whether … Continue reading