Category Archives: Ky Martin Papke

A Party Can Bring a Suit Against a Guarantor Even if the Underlying Borrower Is Not a Named Defendant

Posted on September 20, 2011 by Wendy Couture

Case: Mountain West Bank v. Idaho Fence Co., Inc. Case No. CV-2010-10203 Court: Kootenai County District Court Date Issued: May 20, 2011 Judge: John T. Mitchell, District Judge Issue: Whether a party may institute a suit against a guarantor if the underlying … Continue reading →

Posted in Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR | Comments Off

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

Posted on July 27, 2011 by Wendy Couture

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, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

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

Posted on July 19, 2011 by Wendy Couture

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 | Comments Off

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

Posted on July 19, 2011 by Wendy Couture

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 Fair Debt Collection Practices Act, Fair Debt Collection Practices Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, PROPERTY SECURITY, STATUTES | Comments Off