Weltman, Weinberg & Reis Co.http://www.weltman.com/?t=39&format=xml&stylesheet=rss&directive=0&records=15en-us26 Jun 2017 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssWeltman, Weinberg & Reis Co., LPA Attorney Christopher B. Best Elected to Board of Directors for the Michigan Creditors Bar Associationhttp://www.weltman.com/?t=40&an=66961&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA (WWR), a full-service creditors' rights law firm now in its 87th year of client service, congratulates Attorney Christopher B. Best on his recent election to the board of directors of the Michigan Creditors Bar Association (MCBA).Firm News20 Jun 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=66961&format=xml&p=7735U.S. Supreme Court Rules on Santander; Definition of "Debt Collector" under FDCPA Still Unclear for Debt Buyershttp://www.weltman.com/?t=40&an=66842&format=xml&p=7735On June 12, 2017, the Supreme Court of the United States (the Court) released a unanimous decision in Henson, et al v. Santander Consumer USA Inc. The case focused on the interpretation of a section of the Fair Debt Collection Practices Act (FDCPA) definition of "debt collector" and its application to debt buyers.Advisories15 Jun 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=66842&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA Attorney Benjamin N. Hoen Admitted to the State Bar of Michiganhttp://www.weltman.com/?t=40&an=66824&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA (WWR), a full-service creditors’ rights law firm now in its 87th year of client service, congratulates Attorney Benjamin N. Hoen for being admitted to the State Bar of Michigan.Firm News14 Jun 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=66824&format=xml&p=7735Statute of Limitations Can be Different for Borrowers and Guarantorshttp://www.weltman.com/?t=40&an=66723&format=xml&p=7735A statute of limitations establishes a time period during which a lawsuit can be filed. The time period begins when the cause of action on an account accrues. In a typical debt case, when a borrower defaults under the terms of a note or credit agreement, the cause of action accrues and the time to sue begins.Insights09 Jun 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=66723&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA Shareholder Elected Chair of the Board of Directors for First Service Federal Credit Unionhttp://www.weltman.com/?t=40&an=66681&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA (WWR), a full-service creditors' rights law firm now in its 87th year of client service, is proud to announce that Shareholder James G. Kozelek has been elected chair of the board of directors for First Service Federal Credit Union.Firm News08 Jun 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=66681&format=xml&p=7735U.S. Supreme Court Rules that Fair Debt Practices Act Does Not Apply to Time-Barred Proofs of Claims Filed in Bankruptcy Cases, Midland Funding LLC v. Johnsonhttp://www.weltman.com/?t=40&an=65746&format=xml&p=7735On May 15, 2017, the Supreme Court of the United States (SCOTUS) issued a decision in Midland Funding, LLC v. Johnson, ruling that filing an obviously time-barred proof of claim in a Chapter 13 case does not violate the Fair Debt Collection Practices Act (FDCPA). In doing so, SCOTUS overturned an Eleventh Circuit decision which would have allowed debtors to file suit for damages ? and potentially for sanctions and attorneys' fees ? against creditors who filed time-barred proofs of claim. SCOTUS also resolved a conflict of authority within the circuits on this issue, as three other circuits (the Fourth, Seventh and Eighth) had ruled that the FDCPA does not apply to claims filed in a bankruptcy case.Advisories16 May 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=65746&format=xml&p=7735Changes to Ohio Law Impact Dormancy and Execution Rules for Judgment Creditorshttp://www.weltman.com/?t=40&an=65684&format=xml&p=7735A lawsuit is filed, judgment is awarded and the defendant still fails to pay the creditor. This scenario is all too common; it can sometimes take years and require multiple strategies to collect a judgment. In Ohio, a judgment eventually becomes dormant, unless steps are taken to keep it active. Recent changes to Ohio law have updated creditors' rights regarding dormancy. In addition, when a judgment creditor seeks to attach a defendant's property, streamlined procedures are now available if a third party claims ownership of that property.Advisories15 May 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=65684&format=xml&p=7735Time and Location of Credit Breach Influences Ohio Statute of Limitationshttp://www.weltman.com/?t=40&an=65397&format=xml&p=7735For many creditors, including electric companies, gas companies, and credit card companies, before filing a lawsuit against a debtor to recover monies owed, it is important to determine when the cause of action on an account accrued.Insights05 May 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=65397&format=xml&p=7735Can a Mortgage Holder with a Defectively-Executed Mortgage Assignment Succeed in a Foreclosure Case?http://www.weltman.com/?t=40&an=65190&format=xml&p=7735It is common for the plaintiff in a foreclosure case to have acquired the note and mortgage from the original lender. Typically, the original note holder transfers its rights in the note by indorsing the original note or signing an allonge and then delivering the original note to the new note holder.Advisories27 Apr 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=65190&format=xml&p=7735Kentucky Law Modification Cuts Statutory Interest Rates by Half (Updated June 9, 2017)http://www.weltman.com/?t=40&an=65023&format=xml&p=7735On March 16, 2017, Kentucky Governor Matt Bevin signed Kentucky House Bill 223 into law - bringing about significant changes to Kentucky's statutory interest provisions.Advisories20 Apr 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=65023&format=xml&p=7735