Creditors Rights

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 […]

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 […]

Home Solicitation Sales Act Violation Can Lead to Rescission or Damages, Not Both

On June 27, 2013, the Ohio Court of Appeals decided the matter of Patrick Garber  v. STS Concrete Co., LLC.  The appellants claim the trial court erred in awarding the Appellee treble damages and attorney fees when he was also allowed to rescind the contract.  They also claimed that holding […]

Careful Wording Of Release Agreements

Last month, the United States District Court for the Eastern District of Michigan handed down a decision regarding release agreements.  The case involved a personal debt owed by Jamie Hines to A&A American Financial, LLC (A&A), who was represented by G. Reynolds Sims & Associates (GRSA).  GRSA obtained a default […]