Showing 5 posts in Ohio.
On the somewhat unusual occasions when your judgment debtor has assets, the question turns to how do I maximize my judgment and collect every penny legitimately owed to my client? Here are some thoughts: Read More ›
Will the Real Owner of This Mortgage Loan Please “Stand”: The Necessary Standing for Ohio Foreclosure Actions After Schwartzwald
On October 31, 2012, the Supreme Court of Ohio was terrifying the banking industry by its decision in Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017 (Oct. 31, 2012) at the same time as ghosts and goblins were scaring children. In Schwartzwald, the Court answered the question of whether a lender could correct its lack of standing when commencing a foreclosure action by obtaining an assignment of a note and mortgage prior to the final judgment of foreclosure and sale. Read More ›
An insurance company’s efforts to deny payment of a claim by DSW Shoe Warehouse under its computer fraud rider to a “Blanket Crime Policy” was thwarted by a recent decision by the U.S. Sixth Circuit Court of Appeals. In Retail Ventures, Inc., DSW, Inc., and DSW Shoe Warehouse, Inc. v. National Union Fire Insurance Company of Pittsburgh , the Court affirmed the district court’s decision that the plaintiffs suffered a loss resulting directly from the theft of any insured property by computer fraud, and it rejected the defendant’s assertion that the loss was excluded under an exclusion for confidential information. The opinion provides a cautionary lesson for companies to review their blanket crime policies and fidelity bonds to determine whether they provide the coverage for losses they anticipate in the event of a data security breach. Read More ›
In Salyersville Nat’l Bank v. Bailey (In re Bailey), 664 F.3d 1026 (6th Cir. 2011), Chapter 7 bankruptcy debtors, prior to filing for bankruptcy, obtained a loan from Salyersville National Bank, pledging their home and 40 acres of land as security. Several years later, the debtors took out a second loan from the bank, this time pledging their truck as security. After encountering financial difficulties, the debtors eventually filed for bankruptcy in 2005. Less than a month later, the debtors and the bank entered into a reaffirmation agreement, which committed the debtors to pay the two debts that would have otherwise been dischargeable in bankruptcy. In particular, the debtors reaffirmed their secured indebtedness in the two loans, and in return, maintained possession of their home and truck. Read More ›
A Cuyahoga County, Ohio trial court did not abuse its discretion when it appointed a receiver for a “defunct” foreign corporation that the trial court found “persists for the purpose of winding up its affairs in Ohio.” Read More ›
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Christopher C. Tieke is an associate in Frost Brown Todd's Louisville office, focusing his practice on business litigation. He graduated from the University of Cincinnati College of Law, with magna cum laude honors; served as an Associate Member of the University of Cincinnati Law Review; and participated in the Entrepreneurship and Community Development Clinic.