Insights

A recent appellate decision handed down by the United States District Court in the Eastern District of Michigan provides some good news for unsecured creditors seeking larger dividends in Chapter 13 cases.

United States businesses lose an average of seven percent of their annual revenues to employee theft each year, according to statistics from Statistic Brain Research Institute. Estimates range from $20 to $50 billion, making it one of the most costly and widespread challenges faced in today's business world.

The recently introduced Ohio H.B. 251 is pending in the House's Civil Justice Committee, and is sparking significant argumentation among trade groups on both sides of the issue.

It is estimated that 1.4 million Americans identify as transgender, a figure that has essentially doubled over the last decade. When an individual transitions from one gender to another, they may also elect to change their name and/or their gender marker.

Ohios new Revised Code 1349.72 which became effective in March - requires that prior to collecting or attempting to collect any part of the debt, the creditor must send a notice to the debtor if the debt is a second mortgage or junior lien on the debtors residential real property and the debt is in default.

A question I am sometimes asked as a collection lawyer is whether our modern-day civil judicial system operates as or encourages "debtor prisons." I generally laugh at the notion and explain that no, persons are not sent to jail in a civil case simply because they cannot pay a debt owed to another.

The ongoing shutdown of many federal government operations remains at the top of the headlines. Of particular importance to our clients is the potential impact this continued shutdown may have on the federal court system.

On November 29, 2018, the Illinois Supreme Court issued its much-anticipated opinion in First Midwest Bank v. Cobo, 2018 IL 123038. The Cobo case focused on the single refiling rule set forth in Section 13-217 of the Illinois Code of Civil Procedure, which prohibits a plaintiff from refiling the same cause of action.

On February 23, 2018, Representative Alexander Mooney (R-WV) and Representative Vicente Gonzalez (D-TX) introduced H.R.5082 - Practice of Law Technical Clarification Act of 2018, which proposes to remove attorneys from Consumer Financial Protection Bureau (CFPB) supervisory and enforcement authority...

Occasionally, some courts require parties to prove their damages at a hearing. This is sometimes the case when actions are resolved through motions for default judgment. These hearings usually involve simple presentations of evidence after liability has already been established.