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Insights

Insights / 9 October 2019

Potential for Increased Dividends Based on Recent Appellate Decision

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.
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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.
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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.
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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.
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Insights / 24 April 2019

Best Practices for Compliance with Ohios New Disclosure Requirements for Debts Secured by Second Mortgages or Junior Liens

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.
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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.
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Insights / 18 January 2019

The US Government Shutdown and Its Effect on the Bankruptcy Courts

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.
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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.
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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...
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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.
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