Credit Union Notice of Sale of Collateral was fatally defective and Court denied recovery of deficiency balance due to defective Notice of Sale. In this case, the debtor entered into an open-ended credit plan and security agreement secured by the debtor’s Lincoln automobile. The debtor’s loan went into default and the Credit Union repossessed the […]

In this case, an Ohio court awarded $15,000 against a credit union and its attorney, as well as ordering the credit union to pay debtor’s attorney fees in excess of $7,000. Here, the debtor filed a Chapter 7 bankruptcy and listed his debts to Champion Credit Union with the bankruptcy court. The credit union received […]

This Bankruptcy Court held that the debtor must pay creditor’s attorney fees after the creditor prevailed in a complaint for nondischargeability. A Chapter 7 bankruptcy frees the relieves the debtor from all prior personal obligations.  However, the policy “underlying bankruptcy law entitles only honest debtors to the fresh start” after discharge. If a debt results from […]