Fraud Is Alive and Well In 2014

When authorities entered Bernie Madoff’s private offices after his fraud was revealed, they found a silver sculpture in the shape of a screw on his window sill.  The name of his yacht was “The Bull Ship.”  Madoff was laughing in the faces of the thousands of investors he bilked. Today, approximately six years after Madoff […]

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Sixth Circuit Court of Appeals: Individual Chapter 11 Debtors Cannot Retain Pre-Petition Property Pursuant to a Nonconsensual Chapter 11 Plan if Creditors are not Paid in Full

In a recent decision, the United States Court of Appeals for the Sixth Circuit reversed a bankruptcy court decision from the United States District Court for the Eastern District of Tennessee which held that the absolute-priority rule, codified at 11 U.S.C. § 1129(b)(2)(B)(ii), did not apply in light of the 2005 amendments to the Bankruptcy […]

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Broken Bench

No matter how frustrated a lender may be with his debtor, that automatic stay of Section 362 of the bankruptcy code is still a stay. In the recent case of in re Stellato, decided by the Colorado Bankruptcy Court on May 9, 2014, Mr. Stellato had a grocery and deli. He financed his store equipment […]

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Family and Medical Leave Act Musings

Intermittent Leave While FMLA leave may be taken in small increments to allow an employee to attend a doctor’s appointment or care for a sick child, employers should be aware of employees who seek to apply FMLA leave to such things as random work breaks and late arrivals.  A recent case decided by the Fifth […]

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Creditors Beware: Your Claim Against A Deceased Debtor May Be Forever Barred

Ohio law provides creditors with a very short window of opportunity to present a claim against a deceased debtor. Section 2117.06(B) and (C) of the Ohio Revised Code provides that all creditors having claims against an estate shall present their claims within six months after the death of the decedent, whether or not the estate […]

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You, I’ll Pay

A man was lamenting his financial distress to his closest friend. “My business has been so bad in this economy,” he said, “that I’m afraid I may have to file bankruptcy.” “I have an alternative,” his friend said. “I’ve invented a pill that will slow your metabolism so much, you will appear dead. Here’s what […]

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IRS And State Announce Crackdown On Employers Who Misclassify Workers

In today’s difficult economy, many businesses use independent contractors to perform work instead of hiring employees as a way to save money on taxes, workers compensation premiums and unemployment compensation. Contractors are easier to hire and fire, usually are not paid overtime, and don’t receive employee benefits. However, they can perform many of the same […]

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Age Alone Will Not Protect Your Job

A recent Ohio appellate court case, Wigglesworth v. Mettler Toledo International, Inc., Franklin County No. 09AP-411, March 16, 2010, examined an employer’s reasons for terminating a 51 year old employee who alleged that his termination was based upon his age. A long-term employee was criticized in connection with his interaction with co-workers and his inability […]

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