Yearly Archives: 2014

OCC Issues Guidance for Debt Sales

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 […]

Update: Suesz v. Med 1 Solutions, Reversed

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, […]

Attorney Chris Arlinghaus Now Licensed in Indiana

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 […]

FDCPA Not Applicable to Proof of Claim Filings

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 […]

Waiver of Contractual Interest Does Not Necessarily Waive Right to Statutory Interest

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 […]