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Asset Protection Law Journal

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Creditors' Rights

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Correcting Your Credit Report May Be Harder Than You Think

By Ken Laino on January 27, 2015
Posted in Creditors' Rights

Many people assume it is relatively easy to correct an error in their credit report.  That is simply not the case.  In one of my recent blog posts I explain that debtors often face an uphill battle when they try to remedy a creditor mistake.

Now a new FTC report says that about one in…

Nursing Homes Use Guardianship Law as a Collection Tool

By Ken Laino on January 26, 2015
Posted in Creditors' Rights, Estate Planning

An amazing article on the front page of today’s New York Times reports that nursing homes in New York are increasingly seeking guardianship over certain residents simply to gain control of their finances.  The author, Nina Bernstein, acknowledges that in some instances, a nursing home might seek guardianship because there is no relative capable of…

Debtors Are Often Easily Victimized By Bogus Collection Agencies

By Ken Laino on November 25, 2014
Posted in Benefits of Asset Protection Planning, Creditors' Rights

Anyone who is deeply in debt knows the terrible stress and fear that often results from being in that situation.  So it is no surprise that many debtors are easily victimized by phony collection agencies. 

A recent article by Sheryl Harris in the Cleveland Plain Dealer highlights a scam by a Georgia collection agency that…

Debtors Can Face Uphill Battle to Remedy Creditor Mistakes

By Ken Laino on August 12, 2014
Posted in Creditors' Rights

So many Americans today are facing debt collection efforts that the system often appears to be overwhelmed.  Mistakes seem to be getting more and more common.

A recent article by Teresa Dixon Murray in the Cleveland Plain Dealer described how a minor mortgage payment error can lead to unbelievable consequences with a bank or other…

Federal Agency Receives Thousands of Consumer Complaints About Debt Collectors

By Ken Laino on November 12, 2013
Posted in Creditors' Rights

An article in last Sunday’s Cleveland Plain Dealer by Sheryl Harris noted that since July, the Federal Consumer Financial Protection Bureau (CFPD) has received more than 5,300 consumer complaints about debt collectors.  More than 40% of those complaints were by people who said they were being pursued for debts they do not owe.  Other complaints…

Beware Of Debt Collection Scams

By Ken Laino on August 19, 2013
Posted in Creditors' Rights

A recent article in the Cleveland Plain Dealer put the spotlight on phantom debt collectors.  The Federal Trade Commission has shut down bogus debt collectors in the past, but this continues to be a significant problem.  If you are in debt, you need to be sure that any debt collection efforts against you are legitimate. …

Why Is It So Difficult to Correct Your Credit Report?

By Ken Laino on July 21, 2013
Posted in Creditors' Rights

A recent article by Jeff Sovern and Ira Rheingold in the New York Times explains why consumers have such a hard time fixing faulty credit reports.  A mistake on your credit report can be a big problem for you.  But such an error can be difficult to correct.

The authors point out that the Federal…

New Federal Agency Will Monitor Debt Collection Companies

By Ken Laino on November 1, 2012
Posted in Creditors' Rights

Debt collection companies will come under federal supervision beginning in January when the Consumer Financial Protection Bureau begins its oversight of large collection agencies.  The new federal agency will have authority to issue rules that will be binding on the larger debt collection companies throughout the United States.  An October 24, 2012 article in the…

Credit Card Debt Collection Plagued with Problems

By Ken Laino on August 17, 2012
Posted in Creditors' Rights

 Credit card companies certainly have the right to collect legitimate debts.  But a recent New York Times article by Jessica Silver Greenberg reports that many of the recent lawsuits being filed by credit card companies rely on erroneous documents, incomplete records and generic testimony.

I recently represented a third-generation business owner who lost his business…

Ohio May Increase its Homestead Protection

By Ken Laino on June 15, 2012
Posted in Creditors' Rights, Ohio law, Personal Residence

In my post of May 1, 2012, I reported that there was pending legislation in Ohio (House Bill 479) that would essentially provide an unlimited homestead exemption, similar to that in Florida, Texas and several other states.

On May 22, 2012 the Ohio House of Representatives passed House Bill 479, but it had significant…

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Kenneth J. Laino <br> <em>of</em> Schneider Smeltz Spieth Bell LLP
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Phone: 216.696.4200

Kenneth J. Laino and J. Paul Fidler are partners and Kyle T. Mordew is an associate in the law firm of Schneider Smeltz Spieth Bell LLP. The firm offers thoughtful, practical solutions to the complex problems facing its clients. Established in 1895,Schneider Smeltz Spieth Bell LLP is one of Cleveland’s oldest law firms. While its base is in Cleveland, the firm represents clients throughout the United States and the world.

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