shape
shape
shape
shape
shape
shape
to

Insights

Insights / 14 August 2019

Thieves Among Us

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.
Read More
Insights / 27 June 2019

Proposed Changes to Ohio's Statute of Limitations on Contracts Raises Concerns for Creditors

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.
Read More
Insights / 8 May 2019

A Creditor's Guide to Ohio's Name and Gender Marker Change Process

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.
Read More
Insights / 25 January 2019

Revisiting the "Debtor Prison"

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.
Read More
Insights / 17 December 2018

Cobo and the Single Refiling Rule: Pick Your Remedy and Order It Carefully

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.
Read More
Insights / 12 September 2018

H.R.5082 Proposes Change to FDCPA and CFPB

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...
Read More
Insights / 6 September 2018

The Nature and Necessity of Damages Hearings in Ohio

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.
Read More
Insights / 16 August 2018

Select Credit Unions May Still Be Able to Setoff a Member's Funds on Deposit Post-Discharge

A question I often encounter from credit unions concerning bankrupt members with delinquent accounts is whether they can setoff the debtor's funds on deposit to apply to unpaid loans. The simplest answer is often "no."
Read More
Insights / 6 June 2018

Trends in Student Loan Dischargeability

Has anyone not heard about the so-called "student loan crisis?" Americans owe more than $1.48 trillion in student loan debt. That's $620 billion more than the national credit card debt. Those with student loans carry an average debt of $37,172.1 Students, parents and politicians are clamoring for relief.
Read More
Insights / 21 May 2018

Ohio Bankruptcy Court Strikes Down Mortgage, Imposes Six-Year Statute of Limitations

Much has been said recently in Ohio law concerning the enforcement of notes and foreclosures on mortgages. In summary, the plaintiff must be the holder of the note and mortgage with the right of enforcement of both instruments in order to bring a meritorious foreclosure action in Ohio.
Read More