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Akron Law Review

Banking and Finance Law

Creditor

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Full-Text Articles in Law

Creditor's Rights In Ohio: An Extensive Revision, Peggy M. Coleman, Warren R. Ross, John P. Finan Jul 2015

Creditor's Rights In Ohio: An Extensive Revision, Peggy M. Coleman, Warren R. Ross, John P. Finan

Akron Law Review

House Bill No. 254, effective August 26, 1982, involves a balancing of competing interests as well as an attempt to bring Ohio law into compliance with the procedural requirements mandated, on Constitutional grounds, by various U.S. Supreme Court cases. It involves a cost-benefit analysis because, in making decisions in this area, one must balance the costs associated with procedural requirements against the benefits afforded to consumers. The costs involved are costs to consumers, as there is little doubt that any costs associated with the procedural requirements in effect since August 26, 1982, will be borne by consumers. To be sure, …


Loan Workouts, Superfund, And Lender Liability: De Minimis Settlements - The "Magic Bullet"?, Timothy J. Szuhaj Jul 2015

Loan Workouts, Superfund, And Lender Liability: De Minimis Settlements - The "Magic Bullet"?, Timothy J. Szuhaj

Akron Law Review

This article will focus on whether there is a practical solution for reconciling this clash between creditors' rights and environmental liability. In an effort to provide a tangible basis for critical analysis, the following hypothetical situation will be employed throughout this article. This hypothetical is intended to demonstrate a generic two party loan situation. Although this model may be an oversimplification, its basic assumptions adequately provide the basis for analysis.