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Toledo Law Blog

What happens if you make a mistake in bankruptcy court?

Filing for bankruptcy can be complicated, so it's easy to make a mistake -- but some mistakes can be costlier than others.

When you first file for bankruptcy, you have to file "schedules," which are very detailed lists of all your income, expenses, assets and debts. It's easy to make a mistake and forget something important or put the wrong dollar amount down. Plus, people sometimes give into the temptation to try to hide an asset, thinking that it's either so small (like a Rolex watch) or so far-away (like a hunting cabin up in the mountains) that the bankruptcy trustee will never find out.

You can skip probate?

Yes -- it is true, for many kinds of assets.

The best way to keep a critical asset out of the probate process is not to own it - at least, not all by yourself.

Self-defense is still allowed despite illegal activity

Being engaged in an illegal activity doesn't negate your right to act in your own self-defense. Being on the losing end of a gun battle doesn't necessarily mean the survivors won't get charged with some form of murder if they started the fight.

Those are the basic lessons provided by legal professionals after the news media questioned why a Cleveland, Ohio, man wasn't charged with homicide after he used deadly force to protect himself during a drug deal that went bad.

Important things to know about bail conditions

If you have been arrested and are being held pending your first appearance, it is normal to wonder how you will get out of jail. For those who have loved ones behind bars in the same situation, getting them out of custody is a prime concern.

Fortunately, one of the points of an arraignment is to determine whether a person should be released from custody and establish certain conditions for release. This post will focus on what a judge may consider in setting bail as well as the conditions for release. 

Ohio’s opioid epidemic is putting pressure on law enforcement

Ohio is in the middle of an epidemic: Over the past couple of years, the state has seen a dramatic increase in opioid use. More and more people are becoming hooked on opioids – especially fentanyl, but others as well such as heroin, morphine, and certain prescription painkillers. The problem is only growing – and the results are tragic.

Montgomery County was recently named the “Overdose Capital of America” due to having the most opioid-related deaths in the entire United States in 2016. That number is expected to be much higher in 2017:

What to do if you are denied holiday parenting time

With the Independence Day holiday coming soon, you may be planning to take advantage of the long weekend and spend quality family time together with your son or daughter. If you are a divorced or separated parent, this may not come to pass; either because your alternating weekend schedule does not coincide with the holiday, or your alternating holiday schedule gives you Memorial Day and Labor Day instead of the Fourth of July.

However, if you are supposed to have parenting time and you are denied such time, it can certainly be upsetting. Indeed, you don’t want to sit idly by, but there are a couple of things an aggrieved parent should do before taking action. 

Supreme Court does not expand FDCPA for debt buying companies

The Fair Debt Collection Practices Act (FDCPA) was developed in 1977 to protect consumers from unscrupulous debt collection practices. Among its provisions, creditors are prevented from using abusive practices in the process of collecting debts, including using profanity and other harsh language when communicating with consumers, calling consumers at odd hours of the day and threatening to put indebted consumers in jail.

While this law is supposed to protect consumers from creditors, the U.S. Supreme Court recently ruled that it does not apply to companies that purchase debt and attempt to collect on it. According to a recent reuters.com report, the high court unanimously ruled that the FDCPA did not apply to Santander Consumer USA Holdings Inc., a company that collects debt purchased by other companies after it fell into default. 

Will Sessions' memo affect criminal defendants?

The latest news about U.S. Attorney General Jeff Sessions will be about what he know about the meeting between President Trump and ousted FBI Director James Comey. But one piece of news that may not garner headlines is Sessions’ efforts to roll back Obama era efforts on criminal justice reform. A recent Atlantic.com report, highlights his instructions to federal prosecutors across the nation about the Justice Department’s new stance on drug crimes.

Essentially, Sessions directed prosecutors to “seek the strongest possible charges and sentences against defendants they target.”

Four mistakes to avoid when getting divorced

If you are considering divorce, it is important to know what you are getting into just as much as what you are getting out of. Indeed, you want to get out of a troubled relationship, but it is also critical that you minimize the mistakes that can lead to a long, tumultuous divorce and a difficult after-divorce experience.

With that, we offer this post with the following tips.

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