Insights

H.R.5082 Proposes Change to FDCPA and CFPB

September 12, 2018      |      James G. Kozelek, Esq.   

On February 23, 2018, Representative Alexander Mooney (R-WV) and Representative Vicente Gonzalez (D-TX) introduced H.R.5082 – Practice of Law Technical Clarification Act of 2018, which proposes to remove attorneys from Consumer Financial Protection Bureau (CFPB) supervisory and enforcement authority and from the definition of a debt collector under the Fair Debt Collection Practices Act (FDCPA) when engaged in legal proceedings....

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The Nature and Necessity of Damages Hearings in Ohio

September 6, 2018      |      David Mullen, Esq.   

Occasionally, some courts require parties to prove their damages at a hearing. This is sometimes the case when actions are resolved through motions for default judgment. These hearings usually involve simple presentations of evidence after liability has already been established. However, they can cause a great deal of frustration, especially when judgment as to liability was entered through default, as they require creditor and attorney time, preparation, review, and attendance in court. Some courts also view these damages hearings as another "chance" for a previously disinterested defendant to appear and litigate the matter....

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Select Credit Unions May Still Be Able to Setoff a Member's Funds on Deposit Post-Discharge

August 16, 2018      |      Milos Gvozdenovic, Esq.   

A question I often encounter from credit unions concerning bankrupt members with delinquent accounts is whether they can setoff the debtor's funds on deposit to apply to unpaid loans. The simplest answer is often "no."...

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Trends in Student Loan Dischargeability

June 6, 2018      |      Monette W. Cope, Esq.   

Has anyone not heard about the so-called "student loan crisis?" Americans owe more than $1.48 trillion in student loan debt. That's $620 billion more than the national credit card debt. Those with student loans carry an average debt of $37,172.1 Students, parents and politicians are clamoring for relief. But has anything changed?...

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Ohio Bankruptcy Court Strikes Down Mortgage, Imposes Six-Year Statute of Limitations

May 21, 2018      |      Benjamin N. Hoen, Esq.   

Much has been said recently in Ohio law concerning the enforcement of notes and foreclosures on mortgages. In summary, the plaintiff must be the holder of the note and mortgage with the right of enforcement of both instruments in order to bring a meritorious foreclosure action in Ohio....

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The Effect of Attorney's Fee Entitlement Language in an Agreement and Florida's Reciprocal Fee Statute 57.105(7)

May 17, 2018      |      Cheryl L. Burm, Esq.   

Creditors beware! Don't get stuck paying the debtor's fees. Creditors need to know that in instances when a voluntary dismissal is filed or the court enters an involuntary dismissal, creditors face a risk of having to pay the debtor's attorney's fees....

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