Insights

The Equitable Exception to the Automatic Bankruptcy Stay

September 19, 2017      |      Larry R. Rothenberg, Esq.   

Many defendants facing foreclosure stave off a sheriff's sale by filing a bankruptcy petition before the scheduled sale, thereby invoking the Bankruptcy Code's automatic stay provisions. However, there may be circumstances under which a foreclosure court may reject the bankruptcy stay's applicability to the foreclosure. In Bank of America vs. Williams, Ohio's eighth district court of appeals issued a decision on August 10, 2017 illustrating the application of an "equitable exception" to the automatic bankruptcy stay....

Read More

Promissory Notes: Which Statute of Limitations Applies?

August 23, 2017      |      Jack W. Hinneberg, Esq.   

In Ohio, actions on a written agreement, contract or promise must be brought within eight years after the cause of action accrued, pursuant to Ohio Revised Code (ORC) § 2305.06; but what about an action on a promissory note?...

Read More

Statute of Limitations Can be Different for Borrowers and Guarantors

June 9, 2017      |      Thomas R. Kendall, Esq.   

A 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....

Read More

Time and Location of Credit Breach Influences Ohio Statute of Limitations

May 5, 2017      |      Jack W. Hinneberg, Esq.   

For 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....

Read More

A Primer on Bounced Check Penalties Available Under Ohio Civil Law

March 2, 2017      |      Andrew C. Voorhees, Esq.   

Many business owners have dealt with the frustration of being paid with a check that bounces due to insufficient funds in the customer's bank account. This is particularly heinous when the check was used to pay for goods or services already performed. If the business owner is lucky, the bounced check was accidental and is cleared up immediately. But what if the customer doesn't pay? What if they stop returning phone calls and emails?...

Read More

Mindful Planning and Management Can Yield Municipality Internship Program Success

October 18, 2016      |      David Mullen, Esq.   

Student interns are becoming increasingly popular at all levels of government. Hiring an intern sounds like a win-win situation - the municipality gets an enthusiastic, educated and engaged worker for little-to-no expense, while a student gains the chance to explore a potential career field in a meaningful way. However, local government officials should proceed cautiously when deciding whether or not to hire an intern....

Read More