by dehs | Jul 10, 2023 | Anthony M. Hohn, Financial Institutions, Recent News
In February, the South Dakota Supreme Court injected uncertainty into lending transactions involving trust assets when it rejected a lender’s efforts to foreclose on trust property pledged as collateral for a loan. In Plains Commerce Bank, Inc. v. Beck, the Court... 
by dehs | May 9, 2023 | Anthony M. Hohn, Financial Institutions, Recent News
Federal appellate courts have long been split on the scope of the fraud exception to the dischargeability of debts in bankruptcy proceedings. The U.S. Supreme Court recently provided clarity on that issue, holding that debt based on fraud committed by a debtor’s... 
by dehs | Apr 25, 2023 | Tiffany M. Miller, Terry N. Prendergast, Keith A. Gauer, Charles D. Gullickson, Joel R. Rische, Robert E. Hayes, Dixie K. Hieb, Anthony M. Hohn, Community Involvement, Financial Institutions, Litigation, Recent News
Thank you to all who joined us for the 16th Annual Davenport Evans Banking Seminar, Friday, April 21, at The Country Club of Sioux Falls. Click on the images below, or click through the image viewer, for photos from the day. The seminar began with a hot breakfast and... 
by dehs | Aug 29, 2022 | Anthony M. Hohn, Financial Institutions, Litigation, Recent News
In 2004, the United States Supreme Court was faced with the question of whether a debtor could “cram down” the interest rate applicable to a secured creditor’s claim by using a “prime-plus” formula approach. In Till v. SCS Credit Corp., a Chapter 13 case, the debtors... 
by dehs | Jul 9, 2021 | P. Daniel Donohue, Terry N. Prendergast, Thomas M. Frankman, Keith A. Gauer, Charles D. Gullickson, Douglas J. Hajek, Robert E. Hayes, Vince M. Roche, Michael L. Snyder, Mary A. Akkerman, Anthony M. Hohn, Reece M. Almond, Estate Planning, General, Litigation, Recent News
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce selection of the following Davenport Evans lawyers to the 2021 edition of Great Plains Super Lawyers. Attorneys selected were ranked in the top 5% of practicing attorneys in South Dakota. Selected to... 
by dehs | Sep 29, 2020 | Anthony M. Hohn, Financial Institutions, Litigation, Recent News
“Setoff” is the right of a depository bank to appropriate funds in a deposit account it controls to satisfy debt owed by a customer to that depository bank. The right of setoff is derived from common law principals of law and equity, and has long been recognized in...