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Legal Blog - Ohio, Kentucky, Indiana and Michigan

Crucial Estate-Planning Tips for Business Owners

The day-to-day tasks of running a business are all-consuming. You are constantly preoccupied with important business matters in addition to your family life. You may not have stopped to think about estate planning. If you have not taken the steps to create an estate plan, you are making a mistake.

Estate planning is crucial for business owners. A legally sound plan can protect the future of your business as well as address your family's financial needs. If you are a business owner who needs to plan their estate, these are a few simple but important considerations.

PTFA is Back: Lender Duties Toward Tenants Living in Foreclosed Properties

Congress has restored the federal Protecting Tenants at Foreclosure Act of 2009, which had expired under its own terms on December 31, 2014. Effective June 23, 2018, the PTFA creates a process to protect certain tenants residing in foreclosed properties from quick evictions.

Mortgage lenders and default servicers must have a thorough understanding of the PTFA's provisions and ensure as part of their eviction efforts that they create internal procedures for compliance.

New Ohio legislation address financial institution regulation

On December 19, 2018, Ohio Governor Kasich signed Ohio House Bill 489-bringing about changes to regulatory requirements for credit unions, mortgage servicers and mortgage creditors. The new requirements are effective March 20, 2019.

Please see some of most notable changes below.

Seventh Circuit Says Car Repossessor's Fee Did Not Trigger FDCPA

In the recent case of Duncan v. Asset Recovery Specialists, Inc., the U.S. Court of Appeals for the Seventh Circuit, which includes Indiana, looked at whether the Fair Debt Collection Practices Act applied when a vehicle repossession company attempted to charge a $100 fee for returning personal property from a repossessed car to the debtor-owner.

The Act, known as the FDCPA, is a broad, complex federal law that regulates the behavior of third parties.  Third parties can include collection agencies when they collect debts for lenders and other creditors. The FDCPA imposes specific restrictions on how, where and when collectors may contact and interact with debtors. It inherently requires third-party collectors to behave reasonably and truthfully throughout the collection process.

Is student-loan debt dischargeable in bankruptcy?

The short answer is yes, but it is very difficult for borrowers to meet the high standard in federal law required to discharge them. At Gerner & Kearns Co., L.P.A., our highly experienced bankruptcy attorneys advise and represent lenders and other companies holding student-loan debt. Our knowledge of the intricacies of creditors' rights in bankruptcy allows us to provide informed, nimble guidance about the collectability of student loans and the likelihood of a court allowing discharge in any given borrower bankruptcy. 

We partner with our student-loan lender clients to create strategies for dealing with student-loan defaults, understanding that in some cases, out of compassion or for smart business reasons, it may be preferable to try to work out a resolution involving forbearance, restructuring or some other compromise. In other situations, we may decide together to challenge a borrower's attempt to discharge a student loan in an adversarial proceeding in bankruptcy court in Ohio, Kentucky, Indiana or Michigan. 

Kentucky and Ohio: Differences in real estate law - P. 2

An English economist once said, "Landlords grow rich in their sleep without working, risking or economizing." As volatile as real estate markets can be today, many might argue that landlords can't always sleep easy. Still, real estate remains a key commodity in the Kentucky and Ohio economies and as we noted in the last post, regulations concerning land transfers are complicated.

One big reason is because laws regulating transactions, whether through sale, inheritance or other means, vary state to state. In this post, we take a look at Ohio. 

Kentucky and Ohio: Differences in real estate law - P. 1

In some places, the state lines are set by surveyor's plot lines. In Northern Kentucky, the Ohio River stands as a physical separator with our neighbor to the north. Another separator is their differing laws, including those for facilitating real estate transactions.

Cross-border buying and selling of property is significant in this region because of the proximity of Cincinnati. But it can be complicated because Kentucky and Ohio have different ways of handling the transfer processes. Working with experienced legal counsel makes for smoother dealings. In this post and the next, we will try to highlight differences and similarities between these two states' laws. We start with Kentucky.

The Psychology of Collections

A Creditors Rights In-Depth Podcast

In this Creditors Rights In-Depth Podcast, James Todd introduces us to the world of psychology as it applies to the creditors rights recovery process. James and NCBA Executive Director Mark Dobosz will discuss issues surrounding (1) personality types and their relationship with consumer debtors, (2) what behavioral patterns may arise therefrom when faced with the circumstances of the collections process, as well as (3) some common coping mechanisms and solutions for positive outcomes.

Understanding easements in Ohio and Kentucky

When you purchase commercial or residential real estate, considering all possible angles can help you avoid mistakes and get the most out of your investment. One issue to consider is whether the property comes with an easement and how that can affect your use and enjoyment.

An easement gives someone a specific limited right to use part of another person’s property in a certain way. Depending on the location of the easement, it can benefit you or your property or alternatively, it can limit your use of your land. Therefore, it is important to check for the existence of easements and determine if they would be a benefit or a burden when you buy the land.

Erin C. Enderle, attorney has joined Gerner Kearns' growing Collections group


Florence, KY 7/12/18- Erin C. Enderle, attorney has joined Gerner Kearns' growing Collections group The addition was announced by David Gerner, President and Managing Partner. "I am happy to announce that Erin has joined our Collections group. Erin is a seasoned professional and has experience in compliance and risk assessment" said Gerner.

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