Creditors Practice Section

This section was created for attorneys who are in the creditors practice field. It provides its members the opportunity to exchange information with other practitioners in this area of practice, provides timely CLE and legislative updates.

Portfolio Recovery Associates, LLC
140 Corporate Blvd
Norfolk, VA 23502
Immediate Past Chair
Attorney At Law
1207B 5th Avenue North
Nashville, TN 37208

AG Reaches Settlement with Middle Tennessee Auto Dealer

Middle Tennessee auto dealer Wholesale Inc. has agreed to immediately change its advertising practices and pay the State of Tennessee $50,000, Attorney General Herbert H. Slatery III announced today. The state alleged that the defendant made numerous false representations in violation of the Tennessee Consumer Protection Act, including use of a fictitious lender called “CreditAble Auto Funding” claimed to be “by military, for military,” offering a limited amount of loans to military personnel. "Our men and women in uniform deserve to be told the truth when considering a consumer purchase," Slatery said.

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Supreme Court Rules Hospitals Can’t Maintain Liens After Bills Paid in Full

In a unanimous opinion, the Tennessee Supreme Court has decided that hospitals are required to release their hospital lien against a patient as soon as the patient and the patient’s insurance company have paid the full amount of the hospital charges. In West v.Shelby County Healthcare Corp., three patients who received treatment at the Regional Medical Center in Memphis’ (Med) emergency room filed suit in the Circuit Court for Shelby County challenging the Med’s practice of filing liens against its patients and declining to release these liens after they had been paid. The trial court dismissed the lawsuit, but the Court of Appeals reversed. The Tennessee Supreme Court granted the Med’s appeal, ruling that neither the laws authorizing hospital liens nor the Med’s contract with health insurance companies permitted the Med to maintain its lien after the patient’s debt to the Med has been fully extinguished with payments from the patient and the patient’s insurance company. The AOC has more.

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