You have the right to attempt to claim property that you have a secured interest in if your debtor has stopped paying money on it. So if the property should end up sold or transferred to another party, a fraudulent transfer may have taken place. Under state law,...
A creditor lends money to another party, expecting the party, who assumes the debt, to pay them back in full and even with interest after a significant amount of time. However, the debtor does not always fulfill their promise to return the debt, especially when they...
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'...
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...
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...
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...