Insights

Using Charging Orders to Collect from Members of an LLC

October 17, 2017      |      James T. Hart, Esq.   

Commercial collection cases often present unique challenges to judgment creditors. For instance, a judgment debtor in a commercial case may be more sophisticated than the average debtor in a consumer matter, as they are more likely to have the ability to protect assets from routine execution methods. However, such relative sophistication with various asset holdings may also afford the judgment creditor with the opportunity to use otherwise underutilized tools for recovery....

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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....

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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?...

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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....

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Security Deposits Protect Against Non-paying Customers

August 31, 2016      |      Sara M. Costanzo, Esq.   

The Public Utilities Commission ("the Commission") is a state agency that has regulatory authority over certain public utilities. The Commission works to regulate the rates customers pay for electricity and ensure that companies provide quality, safe and reliable electric service. When someone requests new electric service, the utility provider will verify credit. The Commission and utility providers recognize that some customers, residential and commercial, will experience difficulty in paying their bills. Security deposits may protect against delinquent customers....

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Negligent Entrustment: A Vicarious Liability Option in Damage Claims

August 31, 2016      |      James T. Hart, Esq.   

One of the first things any plaintiff should explore in a negligence action for damages is all potential avenues of recovery against all possible liable parties. Utility service providers are no exception when considering a lawsuit to redress damages to their facilities. Analysis should include those tortfeasors who may be directly liable, as well as those more on the periphery but nonetheless culpable. One potentially overlooked avenue is pursuing an owner of an instrumentality under the theory of negligent entrustment....

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