Alerts

On April 6, 2023, Kentucky Governor Andy Beshear signed House Bill 83 (HB 83) into law. This new law has a significant impact on the enforcement of judgment liens in Kentucky. The main effect of judgment liens deals with the expiration of judgment liens and how the expiration may be postponed.

A decision out of the Eleventh Circuit drives home the unfortunate end-result for a secured lender who makes an error when filing its UCC-1 Financing Statement.

On February 7, 2023, New Jersey Chief Justice Stuart Rabner suspended all trials in the Civil Division and matrimonial trials for the immediate future in two vicinages, comprised of six New Jersey counties due the significant judge shortage the court system is facing.

As has been well-documented, inflationary pressures and interest rate increases continue to impact consumers nationwide. Whether this most recent data suggests a tipping point for bankruptcy filings moving forward in 2023 remains to be seen.

A recent decision out of the District of Kansas highlights the dangers mortgage lenders face when failing to file the appropriate Notice of Mortgage Payment Change and/or failing to respond to a chapter 13 trustee's Notice of Final Cure.

The New Jersey Courts have recently made two substantial changes over recent months which will directly impact Weltman's clients and how cases proceed in the New Jersey court system. The first change is an update to the jurisdictional limits of the Civil Division.

In Community Financial Services Association of America and Consumer Services Alliance of Texas v. Consumer Financial Protection Bureau, the 5th Circuit Court of Appeals held that the Consumer Financial Protection Bureau's (CFPB) funding mechanism is unconstitutional.

On August 11, 2022, the Eighth District Court of Appeals in Shaker House LLC v. Christopher Daniel ruled that landlords do not need to comply with the Cleveland Municipal Courts Housing Divisions Local Rule 3.015 to obtain an eviction.

On April 1, 2022, the value of property exempt from execution, garnishment, attachment, or sale under Ohio Revised Code 2329.66 increased. This is done every three years with the intention to increase alongside the cost of living.

If passed, the new law would create an entirely new subsection under Chapter 286 of the Kentucky Revised Statutes that would require student loan servicers who operate in Kentucky to be licensed through the Department of Financial Institutions.