Gerner & Kearns Co., L.P.A.

Legal Blog - Ohio, Kentucky, Indiana and Michigan

How to close a business in Ohio -- and do it correctly

Closing down a business seems like it should be simple. Just tell everyone you're sorry but it's time to close up shop, shut the doors and turn off the proverbial lights, then move on. If only it worked that way.

Dissolving a business in Ohio can be quite a complicated affair, with a whole host of state agencies and departments you may need to contact, plus a suite of potential business accounts to close.

Kentucky Court Of Appeals Rejects Lender's Attempt To Attach Manufactured Home

On August 23, the Kentucky Court of Appeals struck another blow against lenders seeking to enforce a lien against a manufactured home. In Clancy v. Green Tree Servicing, LLC, the Court of Appeals held that a lender could not assert an "equitable lien" in a manufactured home.

How is real estate transferred in Ohio?

There are two big moments to celebrate when it comes to real estate for most people in Ohio, who have the goal of owning their own homes or the location of their businesses. The first is when they close a sale as the buyer, and the second is when they close a sale as the seller. This happens even more often when property speculators buy and sell properties in quick succession.

  • How do people transfer real estate?

Each applicable property in Ohio should be recorded along with its ownership in the county records of the county where the property is. Titles are the documents that show ownership, and these are also recorded by the county. Deeds are usually the documents that transfer titles from one owner to the other. Deeds are part of a class of legal documents called real property instruments.

  • When are owners legally able to transfer titles?

Consider Mediation as a Vehicle to Resolve Your Legal Dispute

At our law firm, we do not hesitate to litigate a dispute in the courtroom or on appeal on behalf of a client. We also know that alternative dispute resolution methods, known collectively as ADR, can be smart options for our clients in lieu of trial in appropriate circumstances.

Depending on the case, we may utilize arbitration, conciliation, mediation, negotiation or the courtroom, but today we focus on mediation -- what it is, when a client might choose it and its pros and cons.

U.S. Supreme Court Agrees to Hear Another FDCPA Case

The U.S. Supreme Court has agreed to hear another FDCPA case to answer an important FDCPA question about how long a debtor has to file a suit for an alleged FDCPA violation. In Rotkiske v. Klemm, the Supreme Court will decide when the FDCPA one-year statute of limitations begins to run.

Gerner & Kearns Co-Sponsors Community Entrepreneurial Resource Day

Florence, KY - Gerner & Kearns supported Small Business Week May 5 - 11, 2019 by co-sponsoring Community Entrepreneurial Resource Day Friday May 10, 2019. The event was held from 11:00 AM to 1:00 PM at Xavier University's Williams College of Business. Small Business Week was established by the President in 1963 to recognize the critical contributions of America's entrepreneurs and small business owners.

Local entrepreneurial assistance organizations were present to share resources and support for entrepreneurs and small businesses to guide them along their journey and help them achieve their goals. Each organization had a representative in attendance for one-on-one discussions and to answer questions. 

Gerner & Kearns Opens General James Taylor Mansion for Tour120

Florence, KY - Gerner & Kearns participated in Preservation Kentucky's Tour 120, a statewide heritage tourism program launched to raise awareness of the importance of historic preservation to Kentucky's communities and raise funds to help nonprofits that preserve, manage and showcase them. The program took place on Saturday-Sunday, May 18-19, 2019 during National Historical Preservation Month and included tours of historic residential, commercial and public buildings on the same days throughout the state to make a large impact on the public. Newport featured 2 sites including the Mansion Home of General James Taylor, founder of Newport in 1795, now a law office for Gerner & Kearns and Southgate Street School.

Kentucky Power of Attorney Protections for Third Parties -- Pt. 3

The Kentucky legislature's passage of comprehensive new power of attorney legislation in 2018 added protections as well as responsibilities for third parties. These help to protect lenders, real estate sellers or buyers, or other entities doing business with agents appointed under powers of attorney. A nonagent third party may question the validity of the appointment, scope of power granted or meaning of some other aspect of the appointing document.

Gerner & Kearns Sponsors AHA 2019 NKY HeartChase

Florence, KY - Gerner & Kearns sponsored and participated in the American Heart Association 2019 Northern Kentucky HeartChase Saturday May 18 at Newport on the Levee for the second consecutive year. In 2018, the firm was the photo booth sponsor and this year got into the game as a checkpoint sponsor. David Gerner, Founder and Managing Partner served on the Executive Leadership Team and participated in the Executive Leadership Challenge raising over $3,800 and counting.

David Gerner Named 2019 Leading Lawyer by Cincy Magazine

Florence, KY - Every year Cincy Magazine's Power 100 February/March issue features leading lawyers in the tristate area including Southwest Ohio, Northern Kentucky and Southeast Indiana. Registered attorneys in these areas are invited to submit ballots nominating the best among their colleagues. Self-nominations are prohibited, and submissions are fact checked and approved by an advisory board to ensure accuracy and authenticity. This list has been published for 14 years and this year includes 288 of the best lawyers in the area as nominated by their peers. 

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