News

Written Notice to Debtors Involving Junior Liens and Substitute H.B. 133

by Kim Hammond Kim Hammond

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 As originally enacted, the statute was vague and left lenders, servicers, and attorneys with more questions than answers: Did a letter have to be sent before sending an acceleration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

Governor Mike DeWine Signs Ohio Senate Bill 13, Shortening Ohio’s Statute of Limitations

by Michael Lewis Michael Lewis

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

by Tom Canary Tom Canary

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 KWA KWA

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

Our Recent Move

by KWA KWA

We are excited to announce our Firm’s Hub recently moved to a new office location in downtown Cleveland! Our new location has allowed us to rethink our office layout.  We started from scratch, knocking down walls creating a better fit for our growing needs.  No longer limited by the compartmentalized layout of our last office, we are now all on the same floor in a more open and modern workspace.  We are well situated for future growth.  Bring your mask and come visit or wait until the pandemic ends.  Either way, we are proud to show off the new place and have attached a few pictures to give you a glimpse.

The new location for our Cleveland office is 1100 Superior Avenue East, Suite 1100, Cleveland, OH 44114. Read more

Wisconsin Department of Financial Institutions Releases Emergency Guidance on Prohibited Debt Collection Practices

by James Gollnick James Gollnick

On April 13, 2020, The Wisconsin Department of Financial Institutions (“WI DFI”) released a guide titled “Emergency Guidance on Prohibited Debt Collection Practices,” along with a cautionary, interpretive letter issued from the WI DFI to a debt collector meant to serve as an example of impermissible practices.  The perceived intent of the guide is to encourage debt collectors to act reasonably during the current pandemic, and also to warn of the debt collection practices that are prohibited by the Wisconsin Consumer Act. Read more

The CARES Act and Changes to the Bankruptcy Code

by Lindsey Hall Lindsey Hall

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) was signed into law.  The CARES Act is aimed at providing relief to small businesses and consumers impacted by the COVID-19 pandemic.  The CARES Act contains several provisions that are related to bankruptcy and will be discussed below. Read more

Debt Collection Law Firms Essential?

by KWA KWA

By: Keith D. Weiner, Owner/Attorney Keith D. Weiner and Associates
Cleveland, Ohio

Yes we are.  I am sure some may like to debate the point and I would welcome that opportunity.  Other than needing food, water and shelter, nothing is truly essential.  So, for those who have doubts that we are essential keep an open mind and read on to find out why.  Read more