Category Archives: Litigation

Abusive Use of Eminent Domain to Build Ohio Pipelines (Part 4)

This is the fourth installment of our blog series about the use of eminent domain by the pipeline industry in Ohio. (Read Part 1, Part 2, and Part 3).

You are staring at your “Good Faith Offer” letter, and you think: “Wow, nothing about this seems to be in ‘good faith’!” So you decide to talk to a lawyer. Where do you start? A great place to start is by asking friends and family. However, watch out for a common trap. Namely, make sure that if your friends or family refer you to a lawyer, that lawyer has experience in dealing with pipeline companies and eminent domain issues in Ohio. The issues are complex and pipeline companies can be extremely difficult to work with, so it is important to have an experienced oil and gas attorney to protect your rights. Continue reading →

How Does a Debtor Qualify for a Chapter 7 Bankruptcy?

In order to qualify for a Chapter 7 bankruptcy, a debtor must pass a means test. Simply put, the means test calculates a debtor’s monthly disposable income. This hypothetical monthly disposable income will determine whether a debtor is able to file a Chapter 7 bankruptcy or whether a debtor must file under Chapter 13. The calculation also aids in determining how much a debtor will pay creditors under a Chapter 13 if a Chapter 7 bankruptcy is not available. Accordingly, it is very important to understand how the means test works. Continue reading →

The Homestead Exemption Explained

One of the most common questions people have when discussing bankruptcy is “will I be able to keep my house?”

In most cases, the answer is “yes.”

When you file a Chapter 7 bankruptcy, all your assets and property are subject to being taken and sold by the trustee for the benefit of your creditors. However, the law provides for a number of exemptions that will, as the name implies, exempt your assets and property from the bankruptcy estate meaning the trustee cannot touch them. These exemptions cover such things as vehicles, retirement accounts, bank accounts, personal property and homesteads. Continue reading →

Two Simple Steps to Rebuild Your Credit After Filing for Bankruptcy

So you have filed bankruptcy. You should not think of it as a horrible end, but rather an opportunity to start over. The first question people usually have is: “Now that I’ve gotten rid of my debts, what can I do to re-build my credit?”

Although it sounds counter-intuitive, the best thing to do is to get a new credit card. Credit card companies will extend you a line of credit, although it will be at a higher interest rate.

In obtaining a new credit card, make sure you do two things:
1) Get a card with a small credit limit.
2) Be sure to pay it off in full every month. Continue reading →

Columbus Green Building Forum Vindicated by Ohio Court of Claims in Dispute with State of Ohio

The Ohio Court of Claims recently granted summary judgment to Columbus Green Building Forum (“CGBF”), a Columbus, Ohio based, nonprofit organization dedicated to promoting energy-efficient and environment-friendly building practices in Central Ohio. The decision overturned a 2008 audit finding by the Ohio Department of Development (now the Ohio Development Services Agency) (“Development”) and awarded CGBF damages and interest against the State of Ohio totaling nearly $57,000. The State of Ohio opted not appeal the court’s decision. The full text of the final decision of the Ohio Court of Claims can be found by clicking on this link. Continue reading →

Bankruptcy FAQs

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What are the Basics of a Bankruptcy?

So you are thinking about filing bankruptcy. It is never an easy decision, but life often throws us a curve ball, and we have to do something we never thought we would. This is okay, though. There are reasons the law provides bankruptcy protection, and at Arenstein and Andersen Co., LPA, we can help you through the process to make it as easy and as painless as possible. Below are answers to some of the most frequently asked questions about bankruptcy. Continue reading →

Benefits of Alternative Dispute Resolution in Civil Litigation

It is imperative to have an experienced trial attorney represent you in litigation matters. Among other things, a trial attorney can provide you with all of your options at each phase of litigation and assist you with decisions on whether alternative dispute resolution (“ADR”) is right for you and your case.

Because of the cost of going to trial, the ADR field has increased in popularity. Mediation is the most common form of ADR, and one that courts have the power to order parties to undergo. In a typical mediation, parties go to separate rooms and a mediator will go back and forth, get each party’s perspective and then try to find some common ground. The mediator must keep everything said by either party in strict confidence, and mediation is not binding on any party. Continue reading →

How to Decide if Your Civil Case is Worth the Expense of a Trial

It is important to have an experienced trial attorney represent you in litigation matters. Among other things, a trial attorney can provide you with an accurate cost/benefit analysis of your lawsuit as it proceeds and assist you with decisions on whether you should settle your lawsuit, agree to some form of alternative dispute resolution, or, ultimately, take your case all the way through trial. Continue reading →