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Location is Not Everything When Perfecting a Security Interest

USA - January 13 2017 Most of us are familiar with that old saw “location, location, location”. While location might enhance the value of real estate, including the…

Expanding the Defense of Ordinary Course and Widening the Range of Acceptable Payments During the Historical Period

USA - July 18 2016 The Seventh Circuit Court of Appeals in Unsecured Creditors Committee of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc., 2016 WL 3213090 (7th Cir…

Supreme Court Enhances Creditor’s Right to Bar Debtor’s Discharge of Debts-Expanding Reach of Actual Fraud and Shareholder’s Liability

USA - July 14 2016 Until the recent U. S. Supreme Court’s decision in Husky International Electronics, Inc. v. Ritz, __ U.S. __, 136 S.Ct. 1581, 194 L.Ed.2d 655, 84 U.S…

Ohio Revised Code §1301.401 - A Powerful Tool for Lenders with a Defective Mortgage

USA - March 7 2016 For years, it was generally accepted that mortgage creditors and bankruptcy trustees could assert the status of a bona fide purchaser and treat a…

Tami Hart Kirby

Understanding the enforceability of your liquidated-damages clause

USA - February 25 2016 On Feb. 24, 2016, the Ohio Supreme Court in the case of Piketon v. Boone Coleman Constr. Inc., Slip Opinion No. 2016-Ohio-628, reaffirmed the…

J. Thomas Nocar, Ryan P. Sherman