Insights
Life After Death: Ohio Mortgage Creditors' Rights After a Borrower's Death
November 16, 2017 | Larry R. Rothenberg, Esq.For a loan secured by real estate, a borrower typically signs a promissory note or a line of credit agreement, and a mortgage securing real property owned by the borrower. In Ohio, a creditor generally has multiple remedies when a borrower defaults. But how are the creditor's remedies affected by the death of the borrower?...
Read MoreUsing 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....
Read MoreThe 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....
Read MoreA 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?...
Read MoreMindful 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....
Read MoreSecurity 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....
Read MoreFirm News
- Weltman Shareholder James G. Kozelek Elected Recording Secretary for the Commercial Law League of America
- Weltman, Weinberg & Reis Co., LPA Welcomes Attorney Courtney A. Martin to Philadelphia Office
- Weltman's Jason K. Wright Expands Firm's Bankruptcy Footprint to Include Arizona Courts
- Managing Shareholder Scott S. Weltman Testifies in front of the House Committee on Financial Services
- Weltman, Weinberg & Reis Co., LPA Attorney Charles Andrew Walgreen Named to 2019 List of Illinois Rising Stars
Alerts
- Now in Effect: New Requirements for Reporting Elder Abuse in Ohio
- No Joke: The Ohio Statutory Exemption is Increasing on April 1st – Is Your Organization Ready?
- An Analysis of Ohio's New Requirements for Private Selling Officers, Junior Lienholders, and Mortgage Servicers
- Coming Soon in Ohio: Online Notarizations
- The Dodd-Frank Amendments and the Resurrection of the Protecting Tenants at Foreclosure Act