In a second State Court win against the arbitrary and unconstitutional shut-down Orders of Dr. Amy Acton and Governor Mike DeWine, the 1851 Center for Constitutional Law (Maurice Thompson) and Finney Law Firm (Christopher Finney and Julie Gugino) today obtained a Preliminary Injunction for the re-opening of Kalahari Water Park and Convention Center in Sandusky, Ohio.
Read the Order here and below. More on this will follow.
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As is reported here by Jennifer Baker of Fox 19, today Finney Law Firm filed suit against Dr. Amy Action, former director of the Ohio Department of Health, to allow planned summer music festivals to proceed.
Read the story here.
David Nethers of Fox 8 in Cleveland also has the story here.
Read the Complaint here.
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It should not take a pandemic to remind us all of our own mortality and the need to plan for our loved ones. However, the lethal spread of the COVID-19 virus highlights why it is so important to have a sound strategy in place to minimize taxes and maximize the value of your estate. We still don’t know when or how this national emergency will end, but there are steps you can take right now to adjust to the financial turmoil and protect the people who matter most.
Whether you believe your estate will be subject to estate tax or not, it’s worthwhile to review and possibly revise your plan based on potential changes such as:
An attorney who is familiar with complex tax laws and the latest developments in this area can help you guard your estate’s value against present and future threats.
About Finney Law Firm, LLC
Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation. FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.
FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.
For more information about Finney Law Firm, visit finneylawfirm.com.
Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.
Last night, Empower U, the Cincinnati Area Board of Realtors, the Ohio Real Estate Investors Association, and Finney Law Firm co-hosted a webinar for more than 140 participants on the topic of PPP loan forgiveness.
As background, in April, we helped hundreds of Ohio businesses access PPP and EIDL loan funds (see this webinar for small businesses for and this webinar aimed at independent contractors).
But Part #2 of the PPP program is qualifying for and applying for loan forgiveness. If you don’t do Part #2 properly, you will have to re-pay the funds.
Rebecca L. Simpson and Congressman Dr. Brad Wenstrup gave a detailed webinar (with a great and detailed PowerPoint) on the rules and approach to obtain forgiveness. That webinar is posted by Empower U here.
If you have further questions about the PPP or EIDL loan programs, contact Rebecca L. Simpson (513.797.2856).
Attorney Susan Browning
This blog addresses the basics of a Chapter 7 bankruptcy filing. It is the first in a four-part series covering Chapter 7, Chapter 13, Chapter 11 and Subchapter V.
In today’s economic climate, you may find yourself experiencing a financial downturn, whether it stems from the COVID-19 crisis, the current political unrest or is something you have been struggling with for some time. The bills are stacking up, late fees are being assessed, minimum payments are increasing, and you can no longer keep up. In addition, creditors are contacting you constantly and possibly lawsuits are being filed. You need to take some action, but where do you begin? This blog series is designed to give you some preliminary information regarding the different types of bankruptcy. You can stop the harassing phone calls and letters by contacting a bankruptcy attorney at Finney Law Firm.
Part One: Basics of Chapter 7
Chapter 7 bankruptcy can eliminate or “discharge” most, if not all, of your unsecured debt and put you back on the track to financial stability. Although some exceptions exist, generally you can get rid of credit card debt, unsecured loans, medical debt, overdue utility bills, as well as contractual obligations. There are certain debts that cannot be discharged in bankruptcy including recent taxes, student loans and domestic support obligations.
Most importantly, the bankruptcy court puts in place an “automatic stay” that prevents creditors from contacting you or taking any action to collect from you.
Upon filing bankruptcy, you must list all your assets, all your unsecured and secured debts, as well as all your monthly income and expenses.
Chapter 7 bankruptcy is a “liquidation”. As frightening as that term sounds, most clients escape a chapter 7 without any assets being collected and sold. The first step is to assess what assets you own and determine their value. If there is a lien on the property, we would examine if there is any value above and beyond the amount that you owe. This figure would be your equity. Pursuant to state law, certain types of assets are protected or “exempt” up to an allowed amount. If your equity does not exceed that amount, that asset is exempt property and is safe from liquidation. To the extent the equity exceeds the state law exemption the asset would be nonexempt property and subject to turnover to the bankruptcy trustee
When filing Chapter 7 bankruptcy, a debtor must qualify financially. You must be below a certain income level for your household size as provided by the Census Bureau and IRS . This is calculated using the last six months of income to average your monthly income. Even if you exceed this income level, the court will take into account your necessary and reasonable monthly expenses to determine if the income is offset to the extent that there is very little left over to pay your unsecured creditors. If your income exceeds your reasonable expenses you may examine filing a chapter 13 bankruptcy which is a repaint plan over a period of time.
In addition to this preliminary income requirement, there will be an inquiry into your recent financial history. You will disclose certain transactions that have occurred over the last several years. You will provide information including, but not limited to, income, transfers of property, payments made to creditors and family members, and association with any businesses.
How to move forward
If you have made a decision to move forward, I will conduct an initial consultation to determine if you are a candidate for bankruptcy, a follow-up meeting for document and information gathering, as well as an appointment to review and sign the bankruptcy forms included in the voluntary petition. You will also attend a brief hearing with me by your side in front of a bankruptcy trustee. The trustee’s role is to review your petition to determine if you have any unprotected, non-exempt property to distribute to creditors. If so, the trustee will collect and sell the asset and distribute proceeds to the creditors. If no assets are available for distribution the trustee will note it on the docket. The creditors will then have 60 days to object to discharge of your debts. If no creditors object in that timeframe, you will receive a discharge by mail and the case closes a short time after.
Of course, there are many more facets to Chapter 7, but this covers the topic with very broad strokes. Future blogs will delve deeper into individual issues. Part 2 of this blog series will cover the Basics of Chapter 13 and will be released soon.
Please contact Susan Browning at Finney Law Firm, 513.943.6650, to determine if bankruptcy is the right option for you. Remember, the initial consultation is free.
Concurrent with yesterday’s filing by the 1851 Center for Constitutional Law’s suit against Dr. Amy Acton to reopen Kings Island and Cedar Point amusement Parks, we also filed a second suit in Erie County (Sandusky) to reopen Kalahari Resorts & Conventions Water Park.
That case was assigned to Common Pleas Court Judge Roger E. Binette. Today, we received the attached Judgment Entry from Judge Binette calling for an evidentiary hearing on Plaintiff’s request for Temporary Restraining Order and Preliminary Injunction. (See here and below.)
The Judge cautions both parties:
“Failure to appear may result in Court sanctions being imposed, including but not limited to, contempt actions.”
So, our attorneys and witnesses will be in Judge Binette’s courtroom Monday at 1:30 PM.
Kalahari’s resorts are America’s largest indoor water parks. Its Sandusky location has more 850 hotel rooms and a 225,000 SF water park, among dozens of other amenities. It directly employs hundreds of Ohioans, and indirectly supports local businesses employing hundreds more.
Developments will be continuously posted on this web site and through our firms Twitter account: @FinneyLawFirm.
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The story on our lawsuit to open Kings Island Amusement Park has gotten significant media coverage:
Today, Finney Law Firm attorneys, along with Maurice Thompson of the 1851 Center for Constitutional Law, filed suit in Warren County Common Pleas Court against Ohio Director of Health Dr. Amy Acton to reopen Kings Island amusement park.
This is the seventh in a series of cases filed by Finney Law Firm to re-open businesses in Ohio.
Here and below is the Complaint.
Here is the Fox19 story on this case by Jennifer Edwards Baker.
Here is the Enquirer story on this case by Hannah K. Sparling.
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Well, that didn’t take long.
On Monday, Finney Law Firm filed suit against Hamilton County’s Municipal Court Judges at the Ohio Supreme Court to make them re-open eviction proceedings that had been shut down since March 15.
Just last week, presiding Judge Heather Russell had signed an order extending the eviction moratorium through July 1, and the Clerk was not scheduling new hearings until the end of July. In fact, the Clerk’s office was telling prospective plaintiffs that they had no idea when eviction court would re-open.
As is reported here, Hamilton County was the second-to-last of Ohio’s 88 counties to re-open eviction court.
On Wednesday, the Judges met and, possibly motivated by our law suit, voted to re-open eviction proceedings essentially immediately, Monday, June 8. We’ll consider that a victory for our client!
We also want to thank the Cincinnati Real Estate Investors’ Association (CREIA) and the Ohio Real Estate Investors’ Association (OREIA) for their initiation and funding of the suit!
Finally, our co-counsel, Curt Hartman led the legal team on this quick and successful battle.
Jennifer Edwards Baker of Fox 19 has the story here.
Dan Horn of the Enquirer has the story here.
How do you hold a corporate annual meeting when the entire country is in lockdown? On the surface, it might seem like a simple matter of using a favorite video conferencing tool and perhaps checking to see if it’s been hacked. Annual meetings for corporations are more than get-togethers. They are legally mandated proceedings that could put the company at risk if proper rules are not followed.
Before you break out Zoom, Skype or Google Meet, you should be familiar with the state laws, corporate bylaws and SEC regulations that apply to your business. Here are some tips to get you started:
Along with making security and technical arrangements, it’s wise to work with a knowledgeable attorney who can outline the federal, state and internal regulations that must be considered when adjusting the format of a corporate meeting in reaction to the coronavirus pandemic.
About Finney Law Firm, LLC
Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation. FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.
FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.
For more information about Finney Law Firm, visit finneylawfirm.com.
Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.