Companies attempting to collect commercial debts may need to take extra steps when small businesses file for a Subchapter V bankruptcy. As noted by the Administrative Office of the U.S. Courts, this bankruptcy type does not require the formation of a creditors'...
Partnership for the Good of Your Business
Creditors’ Rights
What rights do creditors have in Ohio?
A business cannot stay solvent unless it receives timely payment for its goods and services. Ohio law provides for creditor’s rights litigation so that businesses can seek payment for what is owed to them. Debtors also have legal rights, though. Businesses, generally...
Court Holds FCRA Does Not Confer “Statutory Standing” by Benjamin Carnahan
The Tenth District Court of Appeals in Ohio affirmed a Court of Claims decision affirming dismissal of a putative class action against The Ohio State University ("OSU") under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681, et seq. OSU moved to dismiss the...
Dinn, Hochman & Potter, LLC protects mortgagee’s rights in Sixth Circuit Court of Appeals by defeating borrower’s attempt to void mortgage loan.
In a significant victory for creditor's rights, the Sixth Circuit Court of Appeals affirmed the decision of the United States District Court for Northern District of Ohio which held that the failure of a lender to record an assignment of mortgage even when the...
