Ohio has a public policy favoring the enforcement of arbitration provisions in contracts and ORC 2711.01(A) provides that such provisions will be enforced unless grounds exist in law or equity for revocation of the contract. The Ohio Court of Appeals recently addressed the issue and looked at whether an arbitration […]
On August 4, 2014 the Office of the Comptroller of the Currency (“OCC”) issued new Risk Management Guidance to all National Banks and Federal Savings Associations regarding the sale of consumer debt. The OCC bulletin issues guidance on best practices and procedures for the sale and resale of debt from […]
On May 14, 2013 we reported on the Indiana District Court case of Suesz v. Med 1 Solutions, which determined that the Marion County Small Claims Courts were not “judicial districts” as defined by 15 U.S.C.§ 1692i for purposes of the Fair Debt Collection Practices Act (“FDCPA”). In reaching this decision, […]
Inherited IRAs are not exempt in Chapter 7 bankruptcy During bankruptcy, the assets of the debtor are placed in a bankruptcy estate, which is used to pay back creditors. In order to allow for the debtor to have a fresh start with the ability to provide for his or her […]
Slovin & Associates is pleased to announce attorney Christopher Arlinghaus is now admitted to practice law in the state courts of Indiana. Chris is looking forward to assisting individuals and companies in the area of creditor’s rights and civil litigation in Indiana, as well as continuing to practice in Ohio […]
Following an eviction, a major source of dispute between landlords and former tenants is whether the evicted tenant must continue to pay rent on the premises, even though they no longer have a right to occupy them. As with most issues governed by state law, the outcome of a lawsuit […]
In March of 2014 the US District Court of for the Eastern District of Kentucky discussed the application of the Fair Debt Collection Practices Act (“FDCPA”) to bankruptcy proof of claim filings. Plaintiff, Mallard, filed an adversarial proceeding with the bankruptcy court alleging that Defendant’s failure to redact numerical medical […]
The Indiana Court of Appeals has held that an out-of-state debt collector with no physical place of business in Indiana is not required to obtain a license from the Indiana Department of Financial Institutions (“DFI”) to collect debts within the state. In Wertz v. Asset Acceptance, LLC, Nathan Wertz (“Wertz”) […]
In an environment where successfully obtaining judgment against debtors who have defaulted on their obligations requires a sworn affidavit attesting to the amount and nature of the debt, the language that the affidavit contains can be critical. The U.S. District Court for the Eastern District of Tennessee recently broadened language […]
The Federal Carmack Amendment preempts all state law claims against common carriers for damaged interstate shipments according to the Ohio Court of Appeals in the Fourth Appellate District. Originally enacted in 1906 as an amendment to the Interstate Commerce Act of 1887, the Carmack Amendment is designed to provide a […]
The Eight District Court of Appeals in Ohio has dismissed the claims of a consumer filed under the Fair Credit Reporting Act (FCRA) for erroneous reporting stating that no private right of action exists. In the summer of 2011, Stephen Johnson discovered an item on his credit report relating to […]
The Indiana Court of Appeals overturned a superior court ruling finding that the doctrine of promissory estoppel is applicable to verification letters in factoring contracts and should control in the case of Sterling Commercial Credit – Michigan, LLC v. Hammert’s Iron Works, Inc. 998 N.E.2d 752 (Ind. Ct. App. 2013). […]
In late November 2013, the US District Court for the Eastern District of Kentucky found that the waiver of prejudgment contractual interest by the original creditor did not necessarily, by itself, waive the right of a debt buyer to collect prejudgment statutory interest and therefore a request for prejudgment statutory interest did […]
