Weltman, Weinberg & Reis Co.http://www.weltman.com/?t=39&format=xml&stylesheet=rss&directive=0&records=15en-us23 May 2017 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssU.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 Halfhttp://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=7735Weltman, Weinberg & Reis Co., LPA Vows to Defend Against CFPB Lawsuithttp://www.weltman.com/?t=40&an=64910&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA (WWR) has issued a clear message in response to the lawsuit filed against it today by the Consumer Financial Protection Bureau (CFPB).Firm News17 Apr 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=64910&format=xml&p=7735Attorney Nicole D. Barker Joins Weltman, Weinberg & Reis Co., LPAhttp://www.weltman.com/?t=40&an=64868&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA, a full-service creditors' rights law firm now in its 87th year of client service, welcomes Attorney Nicole D. Barker to its Consumer Collections Practice Group. Ms. Barker will primarily cover the firm’s hearings and matters for the state of Indiana.Firm News13 Apr 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=64868&format=xml&p=7735Kentucky Supreme Court Case Adopts 6th Circuit's Prohibition of Pre-Judgment Interest on Open-end Credit Accountshttp://www.weltman.com/?t=40&an=64688&format=xml&p=7735A debt-collector seeking contractual or statutory pre-judgment interest on a credit card account after the account has been charged-off may be in violation of the Federal Fair Debt Collection Practices Act (FDCPA), according to a Kentucky Supreme Court decision made on February 16, 2017 in the case of Unifund CCR Partners v. Harrell, 2015-SC-000117-DG.Advisories05 Apr 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=64688&format=xml&p=7735Independent Audit Verifies Weltman, Weinberg & Reis Co., LPA's Internal Controls and Processes and Information Security Control Structurehttp://www.weltman.com/?t=40&an=64391&format=xml&p=7735WWR a full-service creditors' rights law firm now in its 87th year of client service, announced today that it has completed its SOC 1 Type II, SOC 2 Type II, and ISO 27001 audits. These audits verify that Weltman, Weinberg & Reis Co., LPA has the proper internal controls, processes, and information security control structure in place to deliver high quality services to its clients.Firm News17 Mar 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=64391&format=xml&p=7735Weltman, Weinberg & Reis Co., LPA Managing Partner Scott S. Weltman Celebrates 25 Years with the Firmhttp://www.weltman.com/?t=40&an=63950&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 celebrating Managing Partner Scott S. Weltman today for the milestone achievement of 25 years with the firm.Firm News02 Mar 2017 00:00:00 -0800http://www.weltman.com/?t=40&an=63950&format=xml&p=7735