Featured Articles

Chrysler/GM Bankruptcy Quick Update - Essentially Stay Tuned

Teri Rasmussen
May 28, 2009 23:41

In case you're wondering what's happened to Chrysler, the answer is: we don't know yet.  Here's a good Q&A prepared by AP about the whole Chrysler/GM mess that are very helpful in understanding what's happening .  And here's a bit more slanted analytical approach to what's...

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Bankruptcy Stats for Columbus, Ohio Over the Long Haul

Teri Rasmussen
February 17, 2011 15:06

When Keith Brown, the Deputy Clerk of our Bankruptcy Court here in Columbus, spoke at a recent meeting of the Columbus Bar Association Bankruptcy Committee, he brought statisitics about bankruptcy filings in Columbus, Ohio over the last 25 years with him.  Because this roughly spans my...

You Gotta Sweat the Small Stuff When Preparing Mortgages in Ohio!

Teri Rasmussen
February 13, 2011 15:15

Finding new and different ways to invalidate a mortgage has been the consummate "cottage industry" for Ohio bankruptcy trustees over the last few years. Typically, these involve the use of sections 544(a)(3) and 551 of the Bankruptcy Code by a Chapter 7 Trustee to attempt to avoid...

"Bad Boy" Guarantees and the Coming Commercial Real Estate Crisis

Teri Rasmussen
February 05, 2011 16:59

Soaring foreclosures of residential mortgages have somewhat obscured what many believe will soon be a similar collapse in commercial real estate.  Which means we'll all be talking more about "bad boy" guarantees before too long.  Indeed, just recently, Julie Satow...

Tight Drafting is Everything in Preparing Contracts - Lessons of the Bluffton Bus Incident

Teri Rasmussen
February 02, 2011 01:42

When I first heard about the recent Ohio Supreme Court decision in Fed. Ins.Co. v. Executive Coach Luxury Travel, Inc., 2010-Ohio-6300, I didn't pay it much mind.  After all, how could a case about insurance coverage have much of anything to do with my business, commercial amd...

Ohio Statutory Exemption Amounts Increased in 2011

Teri Rasmussen
January 31, 2011 19:56

Applicable exemptions from execution, garnishment, attachment, or sale - or most importantly - in consumer bankruptcy - have increased with respect to judgments or orders entered after April 1, 2010..  One of the useful things about being involved in bar association activities is the way it...

Learning M&A Strategy and Tactics Through Abercrombie & Fitch's Corporate Activities

Teri Rasmussen
December 23, 2010 22:42

As I was catching up on my Google Reader entries from out here in the heartland of Iowa where my folks reside (Xmas break), an article in the NYT's Deal Book by Steven Davidoff entitled "Abercrombie's Ohio Express" caught my eye.  According to the article,...

LLC Membership Interests as Securities?

Teri Rasmussen
December 21, 2010 20:34

Finding capital for a new venture is always a challenge and many an entreprenuer looks to solve this problem by swapping membership interests in the new limited liability company formed to run the business in exchange for funds.  However, in the excitement of the moment, the entreprenuer may...

Using Exemptions from Registration of Securities

Teri Rasmussen
December 03, 2010 13:26

Whether its LLC membership interests or more traditional corporate stock being offered to potential investors, there are certain rules that need to be followed to stay out of trouble with state and federal authorities. Most importantly, a "security" such as stock or possibly a...

Source of Receiver's Ability to Sell Real Property

Teri Rasmussen
November 30, 2010 22:35

 In my last post, I discussed the most prominent Ohio case law regarding the authority of a court-appointed receiver to sell real property out of the receivership, free and clear and without encumbrances of course.  But where does the receiver's authority to do anything with...