You are collecting debt in Kentucky and discover that the defendant has passed away. What can you do to collect the debt from the decedent’s estate, what is the time period to get that done, and what do you do if the estate disallows your claim? Read more
Hunstein v. Preferred Collection and Management Services, Inc. – What Does It Mean For You?
When the Hunstein decision(s) (see citations below) first came out, it caused shock waves through the collection industry. Taken on its face, no debt collection entity would be able to use any third-party vendor to perform any tasks if the transmission of what could be deemed personal information were sent in connection with the service to be performed. While the case had to do with a mailing service used by the debt collector, its application could spread to skip tracing services, service of process vendors and other service providers essential to debt collectors, both large and small. Read more
Current State of the Law on Perfection of Security Interests in Kentucky
The process for perfecting a security interest in Kentucky is a two-step process involving two forms. Read more
Change to the West Virginia Consumer Credit and Protection Act
By Riley Rodgers
The West Virginia General Assembly recently enacted positive changes to the West Virginia Consumer Credit and Protection Act (WVCCPA). The new amendment requires a consumer to notify the creditor of an alleged violation and permit the creditor a chance to correct before any action may be brought pursuant to the WVCCPA. Further, there are now codified factors the court must examine in awarding any attorney fees. Highlights of the newly enacted changes are summarized as follows: Read more
KWA Charity Committee Raises Funds to Fight Human Trafficking
By Keith Weiner
KWA’s Charity Committee continues to think of creative ways to fundraise. Last week, the Charity Committee sponsored “Movie Day.” Employees were able to watch one of two movies in our building’s theatre room by contributing $10.00. Popcorn and other snacks were served. The movies shown were Ferris Bueller’s Day Off and Office Space. KWA employees who participated received a paid 2-hour break and raised over $250 in one afternoon. Read more
Written Notice to Debtors Involving Junior Liens and Substitute H.B. 133
Ohio Revised Code 1349.72 was enacted in 2019. The statute requires servicers of second mortgages and junior liens on residential real property to mail a written notice to a borrower’s address before collecting or attempting to collect the debt. As originally enacted, the statute was vague and left lenders, servicers, and attorneys with more questions than answers: Did a letter have to be sent before sending an acceleration letter? Did the letter have to be sent prior to returning a phone call from a delinquent borrower? No one wants to make a mistake and be subject to a violation. Read more
The Dangers of Relying on the Automatic Termination of the Stay Revisited in Indiana
When the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was passed in 2005 one of the provisions heralded was the automatic termination of the stay imposed by 11 U.S.C. §362 in certain conditions. One of those conditions involved repeat filings. However, a close reading of the statute calls into question the scope of the remedy. Read more
Governor Mike DeWine Signs Ohio Senate Bill 13, Shortening Ohio’s Statute of Limitations
On March 16, 2021, Governor Mike DeWine signed Ohio Senate Bill 13, shortening Ohio’s statute of limitations on a variety of claims. While the impact of the bill on numerous causes of action is widespread, of particular note is the impact on contract-based claims. Effective June 14, 2021, Ohio will reduce the statute of limitations for claims premised on written contracts from eight years to six years, and for claims premised on oral contracts from six years to four years. Read more
Do You Need To Return Property Taken Prior To A Bankruptcy Filing? U.S. Supreme Court Decides the Issue in City of Chicago v. Fulton
In a much anticipated ruling, the U.S. Supreme Court decided that the mere retention of estate property after the filing of a bankruptcy petition does not violate the automatic stay imposed by 11 U.S.C. §362(d)(3). Newly appointed Justice Barrett did not take part in the consideration of the case, nor the decision. Of the remaining eight Justices, seven joined the majority opinion authored by Justice Alito, while Justice Sotomayor filed a concurring opinion. In essence, this is a unanimous decision on the issue. City of Chicago. v. Fulton, Sup.Ct. No. 19-357, 592 U.S. ____, 2021 U.S. LEXIS 496 (Jan. 14, 2021). Read more
KWA Expands Bankruptcy and Replevin Practice Adding Two Top Attorneys
By: Keith D. Weiner, Owner/Attorney Keith D. Weiner and Associates
Cleveland, Ohio
Keith Weiner & Assoc. Co. L.P.A. (KWA) is excited to announce that Cynthia A. Jeffrey and Thomas L. Canary Jr., two highly respected and experienced bankruptcy attorneys in the creditor’s rights industry have joined our Firm as of November 2nd. Cindy, who has been licensed in Ohio since 1994, will join KWA as its Director of Bankruptcy and will be practicing in KWA’s Cleveland Office. Tom, who has been licensed in Kentucky since 1984, (and also holds law licenses in Ohio, Indiana and West Virginia), will join KWA as its Senior Bankruptcy Attorney, practicing in KWA’s Kentucky office. In addition to his bankruptcy and replevin experience, Tom is also very well versed in debt collection law and is the author of Thompson Reuters Kentucky Collection Manual. Read more
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