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Supreme Court Will Determine Whether ECOA Applies to Guarantors

About eighteen months ago, we wrote in this space about the Equal Credit Opportunity Act (ECOA) and its application to requiring spousal guaranties as part of extending credit to customers. Recently, the U.S. Supreme Court agreed to hear a case to determine whether the ECOA applies at all to guarantors. Under the terms of the statute, the law applies only to “applicants” for credit. In administrative regulations, the agency responsible …Read More

Webinar: Pre-Judgment Proceedings

Tuesday, July 22, 2014 from 3:00 to 3:30 p.m.Vann Attorneys Webinar: Pre-Judgment Proceedings How do you improve your chances of recovery before a lawsuit? Join our webinar on how to improve your chances of recovery in a lawsuit and how to secure assets before filing. When waiting for a judgment is not an option, there are other methods available to recover property from a debtor – or at least secure it …Read More

A Check is a Check is A Check…

Most of us are accustomed to treating bank checks – whether we call them cashier’s checks or certified checks – as substantially different from personal checks. And in many respects, they are different – when someone has gone to the trouble to get a check from their bank, you can usually be pretty confident that the check will be honored. In one very important way, however, they are exactly the …Read More

Confidentiality Provisions in Settlement Agreements

If you’ve ever signed a settlement agreement resolving some dispute, chances are pretty good it contained a confidentiality provision. In many cases, one side or both wish to keep the terms of a settlement to themselves – whether to avoid disclosure of amounts paid to settle or for some other reason. In our experience, these provisions are often paid lip service, but routinely ignored. A recent case from Florida illustrates …Read More

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