Archive | Creditors’ Rights

Court Interprets “Loser Pays’ Provision in Consumer Contract

In a recent case (GATHER v. WALL & ASSOCIATES, INC., et al, 2017 –Ohio-765, March 2, 2017, ), the Montgomery County Ohio Court of Appeals decided that, while an arbitration provision in a consumer contract  was not “procedurally unconscionable” under the Ohio Consumer Sales Practices Act (CSPA), a “loser pays” provision requiring the losing party […]

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LNL Attorney Plays Pivotal Role In Confirmation of Columbus Blue Jacket Player Jack Johnsons’ Bankruptcy

Luper Neidenthal & Logan Shareholder, Christian Donovan, played a pivotal role in reaching the confirmation of a Chapter 11 Plan on November 23, 2016, while representing a creditor in the bankruptcy case of Columbus Blue Jackets player, Jack Johnson. Christian’s efforts led to the Plan confirmation through the creation of a settling class of lenders, and […]

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Creditors Beware: Your Claim Against A Deceased Debtor May Be Forever Barred

Ohio law provides creditors with a very short window of opportunity to present a claim against a deceased debtor. Section 2117.06(B) and (C) of the Ohio Revised Code provides that all creditors having claims against an estate shall present their claims within six months after the death of the decedent, whether or not the estate […]

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