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How to Tidy Up Your Legal Matters for a Successful Year

Tue, 14 Apr 2026 14:48:35 GMT

As spring arrives, many of us embrace the tradition of cleaning our homes, decluttering our closets, and organizing our lives. But have you considered applying the same fresh start mentality to your legal affairs? Just as a tidy house can bring peace of mind, ensuring your legal matters are in order protects your interests, gives you clarity, and prepares you for the unexpected. At Roderick Linton Belfance, we recommend using this season as an opportunity to conduct a thorough legal check up. Here’s how we can help you “spring clean” your legal matters this year.

Review and Update Your Estate Plan

Life changes quickly, and your estate plan should keep pace. Major life events such as getting married, going through a divorce, welcoming a new baby, or moving to a new home should always prompt a review of your estate plan.

We guide clients through updating beneficiaries, guardianship designations, and healthcare directives to reflect current wishes. If you don’t have an estate plan yet, spring is the perfect time to start one and ensure your loved ones are protected.

Organize and Secure Key Documents

Legal documents such as deeds, titles, insurance policies, and contracts should be safely stored yet easily accessible. Knowing where to find essential documents can make all the difference in case of an emergency.

Reassess Business Agreements and Compliance

If you own a business, spring cleaning should extend to your business records. Are your operating agreements, bylaws, and contracts up to date? Is your business in good standing with state and federal requirements? We offer compliance audits, review contracts for necessary updates, and help you identify potential legal risks before they become problems. Staying current ensures your business runs smoothly and avoids costly disputes.

Check Your Insurance Coverage

Insurance needs change over time. We help clients review their homeowner’s auto, life, and business insurance policies to ensure adequate coverage and that beneficiaries are correctly listed. If you’ve had significant life events, such as marriage, divorce, or the birth of a child, updating your insurance is crucial to protecting yourself and your family.

Resolve Outstanding Legal Issues

Have you been putting off addressing a traffic ticket, minor dispute, or unpaid debt? Spring is a great time to clear the slate. We assist clients in resolving outstanding legal matters, negotiating settlements, and setting up payment plans, so you can move forward without lingering distractions or risk of escalation.

Prepare for the Year Ahead

Finally, we help clients anticipate future needs, from planning for tax changes to considering new ventures or real estate purchases. Proactive legal planning now can save you time, money, and stress later in the year.

Spring cleaning isn’t just for your home. It’s an opportunity to organize, protect, and empower your life. Contact Roderick Linton Belfance today to schedule your legal spring cleaning session and ensure you’re prepared for whatever the year brings.

How Prior DUIs Impact Sentencing in Ohio

Wed, 08 Apr 2026 14:26:50 GMT

How Prior DUIs Impact Sentencing in Ohio

Driving under the influence (DUI), referred to as Operating a Vehicle Impaired (OVI) in Ohio, carries serious legal consequences. When a person has prior DUI/OVI convictions, those penalties can increase significantly. Courts in Ohio take repeat offenses seriously, and prior convictions can play a major role in determining sentencing outcomes. Understanding how prior DUIs affect sentencing can help individuals better prepare for what lies ahead and make informed decisions about their legal options.

At Roderick Linton Belfance, LLP, legal guidance is available to individuals in the Akron area facing DUI-related charges.

Ohio’s Lookback Period for DUIs

Ohio uses a “lookback period” of 10 years to evaluate prior DUI/OVI convictions. This means that any DUI offense within the past decade will be considered when determining penalties for a new charge. The more prior offenses within this timeframe, the more severe the consequences.

Even older convictions outside the 10-year window may still have some influence, particularly if there is a pattern of repeated behavior.

Increased Penalties for Repeat Offenses

Each subsequent DUI conviction leads to harsher penalties under Ohio law. While first-time offenders may face fines, license suspension, and possible jail time, repeat offenders can expect significantly elevated consequences.

Some enhanced penalties may include:

Longer mandatory jail sentences
Higher fines
Extended driver’s license suspensions
Mandatory ignition interlock device installation
Increased court supervision requirements

A second or third offense within the lookback period often results in mandatory minimum jail time, even if no aggravating factors are present.

Felony Charges for Multiple DUIs

A fourth DUI offense within 10 years is typically charged as a felony in Ohio. This represents a major escalation from misdemeanor charges and carries more serious consequences, including:

Lengthy prison sentences
Substantial fines
Long-term license revocation
A permanent criminal record

Felony DUI charges can have lasting impacts on employment, housing, and other areas of life.

Aggravating Factors That Can Worsen Sentencing

In addition to prior convictions, certain aggravating factors can further increase DUI penalties. These may include:

High blood alcohol concentration (BAC) levels
Refusal to submit to chemical testing
Causing an accident or injury
Having a minor in the vehicle at the time of arrest

When combined with prior offenses, these factors can result in even stricter penalties.

Administrative License Suspensions

In Ohio, a DUI arrest can trigger an administrative license suspension (ALS), which is separate from court-imposed penalties. Prior DUI history can lead to longer suspension periods and fewer opportunities for limited driving privileges.

Understanding how ALS works is important, especially for individuals who rely on driving for work or daily responsibilities.

The Importance of Legal Representation

Facing a DUI charge with prior convictions can be overwhelming. The legal process becomes more complex, and the stakes are significantly higher. Having knowledgeable legal representation can help individuals understand their rights, evaluate possible defenses, and navigate court procedures effectively.

At Roderick Linton Belfance, LLP, individuals in Akron can receive guidance tailored to their specific situation and work toward the most favorable outcome possible under Ohio law.

What High Net Worth Couples in Ohio Need to Consider Before Divorce

Fri, 06 Mar 2026 16:49:59 GMT

What High Net Worth Couples in Ohio Need to Consider Before Divorce

Divorce can be challenging for any couple, but when significant wealth and complex financial assets are involved, the process often becomes more complicated. High net worth couples in Ohio must consider several legal and financial factors before filing for divorce. Careful planning and informed decision-making can help protect financial interests and minimize unnecessary disputes.

At Roderick Linton Belfance, LLP , we can provide legal assistance to the Akron public and help individuals navigate the unique challenges that arise during high-asset divorce cases.

Identifying and Valuing Marital Assets

One of the most important issues in a high net worth divorce is determining which assets are marital property and which are separate property. Ohio follows equitable distribution rules, meaning marital property is divided fairly, though not necessarily equally.

High net worth couples often have complex assets that may include:

Investment portfolios
Business interests or partnerships
Real estate holdings
Retirement accounts and pensions
Luxury property such as boats, art collections, or jewelry

Accurately identifying and valuing these assets may require financial professionals, business valuations, and detailed financial documentation.

Business Ownership and Professional Practices

If one or both spouses own a business, determining its value and how it will be divided can be a major issue in the divorce process. In some cases, the business itself may be considered marital property if it was built or expanded during the marriage.

Couples must consider questions such as:

Whether the business will be sold or retained by one spouse
How the business will be valued
Whether a buyout will be required

These decisions can have long-term financial consequences and must be handled carefully.

Spousal Support Considerations

High net worth divorces often involve substantial spousal support discussions. Ohio courts consider multiple factors when determining whether support is appropriate, including the length of the marriage, each spouse’s earning ability, and the standard of living established during the marriage.

For couples with significant income or wealth, spousal support may become one of the most contested aspects of the divorce.

Tax Implications of Divorce

Dividing substantial assets can have significant tax consequences. Property transfers, investment accounts, retirement funds, and real estate transactions may all create tax obligations if they are not handled properly.

High net worth couples should consider how decisions during divorce may affect future tax liabilities, including capital gains taxes or retirement account penalties.

Privacy and Confidentiality Concerns

High net worth individuals often wish to protect their financial information and personal matters from public exposure. Divorce proceedings can sometimes become part of the public record, which may raise privacy concerns.

Some couples explore alternative dispute resolution methods, such as mediation or collaborative divorce, to keep sensitive financial matters more private and resolve disputes outside of court.

Planning for the Future After Divorce

A high net worth divorce should also involve long-term financial planning. Individuals may need to update estate plans, revise trusts, adjust beneficiary designations, and reassess financial goals following the divorce.

Careful planning helps ensure financial stability and protects assets moving forward.

Legal Guidance for High Asset Divorce in Ohio

High net worth divorces often involve complex financial structures and detailed legal considerations. Working with an experienced legal team can help individuals understand their rights, evaluate their assets, and pursue fair outcomes during the divorce process.

At Roderick Linton Belfance, LLP , we can provide legal assistance to the Akron public and help guide clients through the challenges of high-asset divorce in Ohio.

Consequences of Being Charged With White Collar Crime Charges in Ohio

Tue, 17 Feb 2026 19:45:49 GMT

Consequences of Being Charged With White Collar Crime Charges in Ohio

White collar crimes are often complex, paper-driven offenses that can have life-changing consequences. In Ohio, being charged with a white collar offense can result in serious criminal penalties, financial hardship, and long-term damage to your personal and professional reputation. If you are facing allegations of fraud, embezzlement, identity theft, or another financial crime, understanding what is at stake is critical.

At Roderick Linton Belfance, LLP, we provide legal assistance to the Akron public and help individuals navigate the legal system when charged with serious offenses.

What Is Considered a White Collar Crime in Ohio?

White collar crimes generally involve financial deception, fraud, or breach of trust. In Ohio, common examples include:

Embezzlement
Forgery
Identity theft
Credit card fraud
Insurance fraud
Bribery
Money laundering
Securities fraud

These offenses may be charged under Ohio state law or, in some cases, federal law. The severity of the charge often depends on the amount of money involved, the number of alleged victims, and whether the accused has prior convictions.

Criminal Penalties and Sentencing

White collar crimes in Ohio can be charged as misdemeanors or felonies. Many are felony offenses, especially when large sums of money are involved.

Potential penalties may include:

Jail or prison time
Probation
Substantial fines
Court costs
Mandatory restitution to victims

Felony convictions can lead to lengthy prison sentences depending on the degree of the offense. Courts may also order restitution, requiring the defendant to repay alleged financial losses. In some cases, probation conditions can be strict and long-lasting.

Financial and Professional Consequences

Beyond criminal penalties, a white collar crime charge can significantly impact your financial stability and career. Even before a conviction, you may face:

Suspension or termination from employment
Loss of professional licenses
Difficulty obtaining future employment
Frozen bank accounts or seized assets

Professionals such as accountants, financial advisors, healthcare providers, and business owners may face disciplinary action from licensing boards. A conviction can permanently affect your ability to work in certain industries.

Reputational Damage

White collar crime allegations often attract public attention. News reports, online court records, and social media coverage can cause reputational harm that lingers long after a case is resolved. Damage to your personal and professional relationships can be significant, even if the charges are reduced or dismissed.

Protecting your reputation is an important part of defending against these charges. A strong legal strategy can help challenge the prosecution’s evidence and limit public fallout.

Collateral Consequences of a Conviction

A criminal conviction for a white collar offense can also result in long-term consequences, including:

A permanent criminal record
Loss of certain civil rights
Restrictions on housing opportunities
Immigration consequences for non-citizens

These collateral consequences can follow you for years and may affect nearly every aspect of your life.

The Importance of Early Legal Representation

White collar crime cases often involve complex financial records, digital evidence, and extensive investigations. Early intervention by a defense attorney can be critical. A thorough review of the evidence, identification of procedural errors, and negotiation with prosecutors may significantly impact the outcome of your case.

At Roderick Linton Belfance, LLP, we provide legal assistance to the Akron public and are committed to protecting the rights of individuals facing serious criminal allegations. If you have been charged with a white collar crime in Ohio, seeking legal guidance as soon as possible is essential.

What Happens If I Inherit Money After Filing for Bankruptcy in Ohio?

Sat, 31 Jan 2026 16:25:47 GMT

What Happens If I Inherit Money After Filing for Bankruptcy in Ohio?

Filing for bankruptcy can provide much-needed financial relief, but many people worry about how unexpected changes—like receiving an inheritance—might affect their case. If you inherit money after filing for bankruptcy in Ohio, the impact depends on the timing of the inheritance and the type of bankruptcy you filed. Understanding these rules can help you avoid surprises and protect your financial fresh start.

Understanding Inheritances and Bankruptcy in Ohio

In Ohio, as in the rest of the country, bankruptcy law follows federal rules regarding inheritances. When you file for bankruptcy, a bankruptcy estate is created. This estate includes certain assets you own at the time of filing and, in some cases, assets you acquire shortly afterward.

An inheritance can become part of the bankruptcy estate depending on when you become entitled to it, not necessarily when you receive the money.

The 180-Day Rule and Why It Matters

One of the most important rules to know is the 180-day rule. If you become entitled to an inheritance within 180 days (about six months) after filing for bankruptcy, that inheritance is generally considered part of the bankruptcy estate.

This applies if the inheritance comes from:

A will
A trust
A life insurance payout due to someone’s death

If the inheritance falls within this 180-day window, you are required to disclose it to the bankruptcy court.

What If the Inheritance Comes After 180 Days?

If you become entitled to the inheritance more than 180 days after filing, it usually does not become part of the bankruptcy estate. In many cases, this means you may be able to keep the inherited funds without affecting your bankruptcy case. However, timing and specific circumstances matter, so careful review is important.

Differences Between Chapter 7 and Chapter 13 Bankruptcy

The type of bankruptcy you file also plays a role.

In a Chapter 7 case, a trustee may be able to use a qualifying inheritance to pay creditors if it becomes part of the estate. This could reduce or eliminate the financial benefit of the inheritance.

In a Chapter 13 case, an inheritance received during the repayment period may lead to changes in your repayment plan. The court may require higher payments to creditors based on your improved financial situation.

The Importance of Disclosure

Failing to disclose an inheritance can lead to serious consequences, including dismissal of your case or loss of your bankruptcy discharge. Even if you are unsure whether the inheritance counts, it is always safer to report it and seek guidance on how it should be handled.

Getting Guidance Before Problems Arise

Inheritance issues can be complex, especially when they intersect with bankruptcy timelines and court rules. At Roderick Linton Belfance, LLP, we can provide legal assistance to the Akron public by helping individuals understand their obligations and options when unexpected assets arise during a bankruptcy case.

Two Common Myths About Ending Your Marriage in Ohio

Wed, 28 Jan 2026 23:12:01 GMT

Divorce is a significant transition, and for many families, the process can seem overwhelming and shrouded in misunderstanding. If you're considering ending your marriage in Ohio, you've probably heard plenty of advice from friends, family, and the internet. Unfortunately, not all of it is accurate. Let's clear up two persistent myths that could affect your decisions during this challenging time.

Myth #1: You Must Go Through Litigation to End Your Marriage

When most people think about divorce, they picture a courtroom battle with lawyers arguing before a judge while the couple sits at opposite tables. This dramatic courtroom scenario has been reinforced by countless movies and television shows, leading many to believe that litigation is the only path to ending a marriage.

The Reality: Ohio offers several alternatives to traditional divorce litigation, with dissolution of marriage being one of the most popular options. In a dissolution, you and your spouse work together to reach agreements on all issues—property division, spousal support, child custody, and child support—before ever filing with the court. Once you've created a separation agreement covering these matters, you file jointly and typically appear before a judge only once for a brief, uncontested hearing.

Beyond dissolution, Ohio couples can also pursue collaborative divorce, where both parties work with specially trained attorneys committed to reaching a settlement without going to court. Mediation is another option where a neutral third party helps you negotiate agreements on contested issues.

Of course, litigation remains available and necessary for couples who cannot reach agreements on important issues. If you've tried to negotiate but remain at an impasse on matters like property division, custody, or support, the court will make those decisions for you. However, even in contested divorces, many issues get resolved through settlement negotiations, and only the truly disputed matters go before a judge. The key point is that litigation isn't the automatic default—it's one option among several, and many Ohio couples successfully end their marriages through more collaborative approaches.

Myth #2: You Need to Prove Your Spouse Did Something Wrong to Get a Divorce

Many people believe that to end a marriage in Ohio, you must prove that your spouse committed adultery, was abusive, abandoned you, or engaged in some other serious misconduct. This might have been true decades ago, but Ohio law has evolved significantly.

The Reality: Ohio offers what's called a "no-fault" divorce option. You can file for divorce based on "incompatibility" without proving anyone did anything wrong. You simply need to demonstrate that you and your spouse can no longer get along, and there's no reasonable prospect of reconciliation. This means you don't need to air your dirty laundry in court or document every marital disagreement.

While Ohio does still recognize fault-based grounds for divorce (like adultery, extreme cruelty, or abandonment), most couples choose the no-fault route because it's generally less contentious, less expensive, and faster. The no-fault option allows couples to part ways with dignity rather than turning the divorce into a blame game.

Ending a marriage is complicated enough without being misled by outdated myths. Understanding that you have options beyond courtroom litigation and that you don't need to prove fault can help you approach your situation with less anxiety and make better decisions for yourself and your family. These alternatives often result in less conflict, lower costs, and faster resolutions.

We regularly assist our clients with navigating the various options available, empowering them to find the best path forward for their family and its unique circumstances.

Call us today: 330-434-3000

Can I File Bankruptcy in Ohio Without My Spouse? What You Need to Know

Mon, 29 Dec 2025 17:20:41 GMT

Can I File Bankruptcy in Ohio Without My Spouse? What You Need to Know

If you are considering bankruptcy in Ohio but are unsure whether you can file without involving your spouse, you are not alone. Many married individuals find themselves solely responsible for certain debts and want to know whether filing individually is possible—or beneficial. The good news is that Ohio law does allow you to file bankruptcy without your spouse , but there are important considerations to keep in mind.

At Roderick Linton Belfance, LLP, we assist individuals throughout the Akron community in understanding their debt relief options and navigating the bankruptcy process with confidence.

Can You File Bankruptcy Alone in Ohio?

Yes. You are legally permitted to file for bankruptcy on your own , even if you are married. An individual bankruptcy filing may be appropriate when:

The debts are only in your name
Your spouse prefers not to be involved in the filing
You are trying to protect your spouse’s credit
You qualify for Chapter 7 based on your income alone

However, filing individually does not completely exclude your spouse from the process.

How Your Spouse’s Income Affects Your Case

Even if your spouse is not filing with you, their income must still be disclosed because Ohio bankruptcy courts evaluate the household income when determining eligibility for Chapter 7. Their income may impact:

Whether you pass the means test
Your repayment obligations in Chapter 13
How the court evaluates your household budget

There are exceptions—such as when spouses maintain entirely separate households despite being married—but these situations are uncommon.

How Bankruptcy Affects Joint Debts in Ohio

If you and your spouse share any debts, filing individually does not protect your spouse from collection efforts. For example:

Joint credit cards: Your spouse remains responsible for the full balance.
Joint loans: Lenders may pursue the non-filing spouse for payments.

In some cases, both spouses filing together offers stronger financial protection.

Will Bankruptcy Affect My Spouse’s Credit?

Your spouse’s credit score will not be impacted simply because you file individually. Bankruptcy is tied to the filer’s Social Security number. However, if joint debts default after your filing, that may affect your spouse’s credit.

When Filing Alone Makes Sense

Filing individually may be beneficial when:

Only one spouse is liable for the majority of the debt
You want to preserve your spouse’s credit for future financial planning
Your spouse does not want their financial records included in the case
You qualify for Chapter 7 individually but would not qualify jointly

The right choice depends heavily on your household’s financial structure.

Get Guidance on Your Ohio Bankruptcy Options

Deciding whether to file alone or jointly is a significant financial decision. The attorneys at Roderick Linton Belfance, LLP help Akron residents understand the advantages and potential consequences of each option. A personalized review of your full financial picture can help you determine the filing strategy that best protects your future.

Resolving Disputes Efficiently: How Mediation and Arbitration Benefit You

Mon, 17 Nov 2025 01:25:32 GMT

Resolving Disputes Efficiently: How Mediation and Arbitration Benefit You

Disputes, whether in business, family, or civil matters, can be stressful, time-consuming, and costly. At Roderick Linton Belfance, we proudly have a team of former judges who lead our mediation and arbitration group. We understand the importance of resolving conflicts efficiently and equitably. Increasingly, clients are turning to mediation and arbitration to settle legal matters. Our unique blend of judicial knowledge and practical legal insight positions us to guide clients through these processes, ensuring their interests are protected while saving time and resources.

Why Choose Mediation and Arbitration?

Traditional litigation is sometimes necessary, but it is not always the best path for every dispute. Court cases can drag on for months or even years, leading to mounting legal fees and emotional fatigue. Mediation and arbitration offer alternatives that are often more flexible, private, and expedient.

At Roderick Linton Belfance, our three former judges bring a wealth of knowledge in this area. Their backgrounds presiding over a wide range of cases give them an unparalleled understanding of legal complexities and dispute dynamics. As mediators, they facilitate constructive dialogue, helping parties reach mutually agreeable solutions. As arbitrators, they apply their judicial expertise to deliver impartial decisions based on the facts and evidence presented.

Clients benefit from our former judges as they are adept at identifying the core issues in a dispute, anticipating potential roadblocks, and encouraging productive negotiation. Their reputations for fairness and authority often foster trust and cooperation among all parties involved.

Mediation: Collaboration Over Confrontation

Mediation is a voluntary and confidential process where a neutral third party helps adverse parties find common ground. Unlike a judge or arbitrator, the mediator does not impose a solution; instead, they guide the conversation and help generate creative outcomes for settlement. Mediation can be especially effective in family law, employment disputes, and business disagreements, where preserving relationships is important.

Arbitration: Efficient and Binding Decisions

When parties need a binding resolution but wish to avoid the rigidity and publicity of court, arbitration offers a compelling alternative. In arbitration, an impartial arbitrator, often a former or retired judge, considers the evidence and arguments before rendering a decision. This process is typically faster and less formal than court litigation. Our former judges are frequently called upon as arbitrators due to their deep legal knowledge and reputation for impartiality. For clients, arbitration can mean a quicker, more predictable outcome with less disruption to their personal or business lives.

At Roderick Linton Belfance, we are committed to helping clients resolve disputes cost-effectively, efficiently, and with dignity. Leveraging the wisdom of our three former judges, we tailor our strategies to each client’s unique situation. Whether through mediation, arbitration, or a combination of both, our goal is to secure the best possible outcome while reducing the stress and expense of traditional litigation.

If you are facing a legal dispute, consider the advantages of mediation and arbitration. With the guidance of one of our attorneys and the insight of our former judges, you can move forward with confidence, knowing that your interests are in capable hands. Call us at 330-434-3000 today.

Estate Planning for Single Adults in Ohio: Why It Still Matters

Fri, 14 Nov 2025 16:04:28 GMT

Estate Planning for Single Adults in Ohio: Why It Still Matters

When people think about estate planning, they often picture married couples or families with children. However, single adults in Ohio have just as much—if not more—reason to plan ahead. Without a legal spouse or immediate heirs, the state decides what happens to your assets, medical care, and personal affairs if something unexpected occurs. Taking time to prepare an estate plan ensures that your wishes are respected and your loved ones are not left with confusion or conflict.

 Protecting Your Assets and Your Wishes

If you die without a will in Ohio, your property is distributed according to the state’s intestacy laws. This means your assets could end up with relatives you might not have chosen, or even escheat to the state if no heirs are located. By creating a will or trust, you can choose exactly who inherits your property, from close friends to charitable organizations.

Medical and Financial Decision-Making

If you become incapacitated, someone must make medical and financial decisions on your behalf. Without a healthcare power of attorney or financial power of attorney, the court may appoint a guardian—someone you didn’t choose. Naming a trusted person to handle these responsibilities ensures that your preferences guide critical decisions.

Planning for Digital Assets and Pets

Many single adults overlook nontraditional assets like digital accounts, cryptocurrency, or even pets. Through an estate plan, you can assign access to your online accounts, designate a caretaker for your pet, and outline specific instructions for these unique aspects of your life.

Avoiding Probate Delays

Proper planning can also help your estate avoid or simplify probate—the court-supervised process of distributing assets after death. Establishing a living trust or naming beneficiaries on accounts can streamline the process, saving time and legal costs for those you leave behind.

At Roderick Linton Belfance, LLP , we can provide legal assistance to the Akron public. Our team helps single adults in Ohio create customized estate plans that reflect their wishes and provide peace of mind for the future.

How to Legally Remove a Business Partner in Ohio

Thu, 09 Oct 2025 15:14:18 GMT

How to Legally Remove a Business Partner in Ohio

Running a business with partners can be rewarding, but when a relationship breaks down or one partner is no longer contributing fairly, removing them may become necessary. In Ohio, this process must be handled carefully and in compliance with state law to protect the company’s stability and avoid legal disputes.

Reviewing the Partnership Agreement

The first step is to review the partnership agreement or operating agreement. This document typically outlines procedures for removing a partner, including buyout terms, voting requirements, and grounds for removal. If the agreement clearly explains the process, following those terms will provide the strongest legal foundation.

If the partnership lacks a written agreement, Ohio’s Uniform Partnership Act will govern the process. This means removal decisions must comply with state laws regarding dissolution and reformation of the business entity.

Common Legal Grounds for Removal

A partner may be removed for several legitimate reasons, such as:

Breach of fiduciary duty
Mismanagement or negligence
Financial misconduct or fraud
Failure to meet contractual or performance obligations
Criminal activity or unethical conduct that harms the business

The Legal Process of Removal

Depending on the business structure—partnership, LLC, or corporation—the removal process will vary:

General Partnership: All partners typically must agree to the removal unless otherwise stated in the agreement.
Limited Liability Company (LLC): The operating agreement usually allows for the removal of a member by a majority vote or under specific triggering events.
Corporation: The board of directors and shareholders play a role, especially if the partner also holds officer or shareholder positions.

In any scenario, documentation is key. Written notice, meeting minutes, and formal resolutions should all be recorded. If a buyout is necessary, ensure the valuation process is conducted transparently and in accordance with any contractual or statutory guidelines.

Preventing Future Conflicts

The best protection against future disputes is a well-drafted partnership or operating agreement. Clauses detailing removal procedures, buyout formulas, and dispute resolution methods can save time and money later.

Legal Guidance for Ohio Business Owners

Because partner removals can quickly escalate into legal battles, it’s essential to work with an attorney experienced in Ohio business law. At Roderick Linton Belfance, LLP , we provide legal assistance to the Akron public, helping business owners protect their investments and move forward with confidence.

Understanding Grandparents’ Rights in Ohio

Mon, 08 Sep 2025 03:02:00 GMT

Family structures are as diverse as the stories that shape them. Grandparents often play a profound role in the lives of their grandchildren—providing emotional support, wisdom, and stability. Yet, when families face legal disputes, the rights of grandparents can become complicated and confusing, especially in Ohio. At our Akron law firm, we understand the importance of these bonds and are committed to helping grandparents navigate their rights within the family law system.

When Do Grandparents Have Legal Standing in Ohio?

Ohio law recognizes that, in certain circumstances, grandparents may have the right to seek visitation or even custody of their grandchildren. However, these rights are not automatic and are subject to the best interests of the child. Grandparents typically gain legal standing in situations such as:

When the parents are divorced, separated, or a parent is deceased
If the child’s parents were never married, and legal paternity has been established
When a parent is found to be unfit or is otherwise unable to care for the child

Ohio law specifically allows courts to grant reasonable visitation to grandparents if it is determined to be in the child’s best interest. Factors considered include the child’s wishes, the relationship between grandparent and grandchild, location and distance, and the overall well-being of the child.

Legal Process and Court Considerations

The process begins when a grandparent files a motion with the court, requesting visitation or custody. The court then schedules a hearing, during which all relevant parties can present their case. The judge will evaluate evidence regarding the child's relationship with the grandparent, any history of involvement, and the potential impact on the child’s life.

It’s important to note that courts give significant weight to the wishes of the child’s parents, as parents are presumed to act in the best interests of their children. However, this presumption can be overcome if there is clear evidence that contact with the grandparent serves the child’s health, safety, and emotional needs.

How Our Firm Supports Akron Families

Family law matters require both skillful legal strategies and genuine empathy. Our Akron-based team combines decades of local experience with a deep understanding of Ohio’s statutes and courts. We walk grandparents through each step, from initial consultations to court filings and hearings, ensuring their voices are heard and their rights upheld.

If you are a grandparent seeking visitation or custody in Summit County or the greater Akron area , contact our office today. We are here to support you, advocate for your relationship with your grandchild, and help you achieve the best possible outcome for your family’s future.

What Are White Collar Crimes in Ohio?

Thu, 21 Aug 2025 17:59:29 GMT

What Are White Collar Crimes in Ohio?

White collar crimes are non-violent offenses typically involving deceit, concealment, or violation of trust for financial gain. Unlike street crimes, these offenses usually take place in business, financial, or government settings. In Ohio, white collar crimes are taken very seriously, and penalties can include significant fines, restitution, and lengthy prison sentences.

Common Types of White Collar Crimes in Ohio

Some of the most common white collar crimes prosecuted in Ohio include:

Fraud – This can include mortgage fraud, insurance fraud, credit card fraud, and securities fraud. Fraud involves intentional deception to secure an unlawful benefit.
Embezzlement – The misappropriation of funds entrusted to someone, often occurring in employer-employee relationships.
Bribery – Offering, giving, or receiving something of value to influence an official or business decision.
Money Laundering – Concealing the origins of illegally obtained money, often by funneling it through legitimate businesses.
Identity Theft – Stealing someone’s personal information to commit fraud or other financial crimes.
Tax Evasion – Intentionally avoiding paying owed taxes through illegal means.

Penalties for White Collar Crimes in Ohio

The severity of punishment depends on the amount of money involved, the nature of the scheme, and whether it harmed individuals, businesses, or the government. Potential consequences include:

Felony charges with possible prison time
Heavy fines and restitution to victims
Loss of professional licenses or careers
Permanent criminal record affecting future employment

How a Defense Attorney Can Help

If you are facing white collar crime charges in Akron or elsewhere in Ohio, having legal guidance is essential. An attorney can investigate the facts, challenge the prosecution’s evidence, negotiate for reduced charges, or present a strong defense at trial.

At Roderick Linton Belfance, LLP , we provide legal assistance to individuals in Akron who are dealing with allegations of white collar crimes. Our team can help protect your rights and work toward the best possible outcome for your case.

What Happens to Personal Loans and Payday Loans in Bankruptcy in Ohio?

Tue, 29 Jul 2025 20:28:44 GMT

What Happens to Personal Loans and Payday Loans in Bankruptcy in Ohio?

Filing for bankruptcy can be a stressful and overwhelming process, especially when it comes to understanding what happens to personal loans and payday loans. If you live in Ohio and are considering bankruptcy, it is essential to know how these debts are treated under federal bankruptcy laws. At Steven J. Heimberger, Attorney at Law , we provide legal guidance to the Akron community to help you navigate this challenging time.

Personal Loans in Bankruptcy

Personal loans are considered unsecured debts , which means they are not backed by collateral, such as a home or car. When you file for bankruptcy in Ohio:

Chapter 7 Bankruptcy: Most unsecured debts, including personal loans, are eligible for discharge. This means that once your bankruptcy is complete, you are no longer legally required to repay them. However, your eligibility will depend on your income and the results of the means test.
Chapter 13 Bankruptcy: Instead of immediate discharge, your personal loans may be included in a repayment plan that lasts three to five years. After completing the plan, any remaining qualifying balances are discharged.

Personal loans from friends, banks, or online lenders typically fall into this category. While bankruptcy can provide relief, remember that it may impact your credit for several years.

Payday Loans in Bankruptcy

Payday loans can be especially burdensome due to their extremely high interest rates. Like personal loans, payday loans are generally unsecured debts , which means they can also be discharged in bankruptcy. Here’s how it works:

Chapter 7: Payday loan balances are usually wiped out after the case is complete.
Chapter 13: Payday loans are rolled into your repayment plan, and any unpaid balance after your plan ends is typically discharged.

However, there are some important caveats. If a payday lender claims you took out the loan fraudulently—such as borrowing without the intent to repay—they may challenge the discharge. Having experienced legal representation can help address these issues effectively.

Why Consult a Bankruptcy Attorney?

Bankruptcy law is complex, and missteps can lead to delays or denials of discharge. An attorney can:

Evaluate which type of bankruptcy is right for you.
Protect you from aggressive collection actions.
Ensure that personal and payday loans are properly addressed in your case.

At Steven J. Heimberger, Attorney at Law , we help Akron residents find relief from debt through personalized bankruptcy strategies.

What Happens to My Home If I File for Bankruptcy in Ohio?

Tue, 24 Jun 2025 14:42:48 GMT

What Happens to My Home If I File for Bankruptcy in Ohio?

Filing for bankruptcy can bring much-needed financial relief, but if you’re a homeowner in Ohio, one of your biggest concerns may be what happens to your home. At Roderick Linton Belfance, LLP , we help Akron residents understand how bankruptcy affects homeownership and what steps can be taken to protect the place you call home.

Understanding Ohio’s Homestead Exemption

Ohio law provides homeowners with protection through a homestead exemption. This exemption shields a portion of your home’s equity from creditors during bankruptcy. As of 2025, the exemption allows you to protect up to $189,050 of equity in your primary residence. That means if your home equity is less than or equal to this amount, your home is typically safe from liquidation in a Chapter 7 case.

Chapter 7 vs. Chapter 13 Bankruptcy

The type of bankruptcy you file will impact how your home is treated:

Chapter 7 Bankruptcy
This is a liquidation bankruptcy. If your home equity exceeds Ohio’s homestead exemption, the bankruptcy trustee may sell your home to pay creditors. However, if you’re current on your mortgage and your equity falls within the exemption, you’ll likely be able to keep your home.
Chapter 13 Bankruptcy
This type allows you to reorganize debts and pay them over a 3-5 year period. Chapter 13 is often a good choice for homeowners behind on mortgage payments, as it allows you to catch up on arrears while keeping your home—even if your equity exceeds the exemption.

What If I’m Behind on My Mortgage?

In Chapter 7, falling behind on your mortgage often leads to foreclosure. However, Chapter 13 allows you to create a repayment plan that includes missed payments, giving you a chance to save your home.

Can I Keep My Home After Bankruptcy?

Yes, in many cases. Whether you keep your home depends on:

The amount of equity you have
The type of bankruptcy you file
Whether you are current or behind on mortgage payments
Your ability to make ongoing payments after filing

Bankruptcy doesn’t automatically mean losing your home. In fact, it can help you protect it—if you take the right steps.

Talk to an Akron Bankruptcy Attorney

At Roderick Linton Belfance, LLP , we understand how important your home is to your family and your future. Our team helps Akron residents navigate the bankruptcy process with a clear strategy to preserve homeownership whenever possible.

Liv's Law: Understanding Ohio's New DUI Penalties and Legal Implications

Wed, 04 Jun 2025 05:00:00 GMT

Ohio has recently enacted new legislation aimed at reducing the incidences of Operating a Vehicle Impaired (OVI) offenses. Dubbed “Liv’s Law”, these changes bring about significant alterations to penalties and legal implications for individuals convicted of OVI. This blog aims to share these developments and how they may impact the community and our client’s lives.

Liv’s Law Explained

Liv’s Law was enacted in response to a tragic incident involving a young girl named Olivia, whose life was cut short due to an impaired driver. The new legislation seeks to honor her memory by imposing stricter penalties on those found guilty of OVI, in turn aiming to enhance road safety across Ohio. These penalties went into effect on April 9, 2025.

What are the enhanced penalties?

Liv’s Law introduces a tiered penalty system based on the severity of the offense and the offender’s history. First-time offenders will face increased fines, longer license suspensions, and mandatory participation in alcohol or drug education programs. Repeat offenders, or those with extremely high Blood Alcohol Concentration (BAC) levels, will be subject to harsher penalties including extended jail time and permanent license revocation.

Other Significant Changes:

Ignition Interlock Devices: Individuals convicted of OVI will be required to install IIDs in their vehicles, preventing the vehicle from starting if alcohol is detected on the driver’s breath. This measure aims to prevent offenses and ensure that individuals comply with the law.
Mandatory Sentencing Guidelines for OVI convictions: Judges will have less discretion in reducing sentences or offering probation for offenders, ensuring that penalties are uniformly applied. The hope is that potential offenders will be deterred by the severe consequences.

What should Ohioans know about the legal implications of this new law?

First, individuals charged with OVI should be aware of the increased risk of more severe penalties. Legal counsel becomes even more important in order to navigate the complexities of the law. As a firm, we strongly advise anyone facing OVI charges to seek legal representation to ensure their rights are protected and to explore all possible defense strategies.

Impact on Defense Strategies

Defense strategies for OVI cases will need to adapt to accommodate the changes in law. Attorneys must be prepared to challenge the validity of evidence, including BAC results and the adherence to proper procedures during arrest. Understanding the nuances of IID requirements and advocating for client’s interests surrounding mandatory sentencing is crucial.

Liv’s Law represents a significant shift in Ohio’s approach to combating impaired driving. With stricter penalties and reducing judicial discretion, the law aims to enhance road safety and prevent tragic incidents like Olivia’s from recurring. As a firm, we are committed to staying on top of legal developments and provide support to our clients. We urge anyone facing OVI charges to consult with one of our attorneys in our Criminal Defense Practice Group to navigate the complexities of Liv’s Law to ensure their rights are upheld. Keeping informed and seeking legal representation is crucial to safeguarding one’s future.

What Types of Debts Can Be Discharged in Chapter 13 Bankruptcy in Ohio?

Fri, 16 May 2025 20:42:20 GMT

Understanding Chapter 13 Bankruptcy Debt Discharge in Ohio

Chapter 13 bankruptcy offers Ohio residents a chance to restructure their debt through a manageable repayment plan. Unlike Chapter 7, which involves liquidating assets, Chapter 13 allows individuals to retain their property while catching up on missed payments over three to five years. At the end of the repayment period, many remaining debts may be discharged—meaning they are legally forgiven.

At Roderick Linton Belfance, LLP , we help Ohio residents determine what debts can be eliminated through Chapter 13 and guide them through each step of the bankruptcy process.

Debts That Can Be Discharged in Chapter 13

In a Chapter 13 case, the types of debts eligible for discharge differ from those in Chapter 7. Chapter 13 allows for the discharge of certain debts that are not dischargeable in Chapter 7, giving filers a broader path toward financial recovery.

1. Credit Card Debt and Personal Loans

Unsecured debts like credit card balances, personal loans, and medical bills are commonly discharged in Chapter 13 if they are not fully paid during the repayment plan.

2. Medical Bills

Like credit cards, outstanding medical expenses are typically unsecured and can be wiped out once your repayment plan is completed.

3. Utility Bills and Past-Due Rent

Past-due amounts on rent or utility bills are dischargeable under Chapter 13, though some payments may be included in your plan depending on circumstances.

4. Older Income Tax Debts

Some income taxes may be eligible for discharge if they meet certain conditions, such as being at least three years old and having been properly filed.

5. Debt from Willful and Malicious Property Damage

Unlike Chapter 7, Chapter 13 can discharge debts stemming from willful and malicious damage to property, though not to people.

6. Debt from Divorce Property Settlements

Chapter 13 can discharge some non-support-related divorce debts, such as property settlement obligations, which Chapter 7 cannot eliminate.

Debts That Cannot Be Discharged

Some obligations survive Chapter 13, even after you complete your repayment plan. These include:

Child support and alimony
Most student loans (unless undue hardship is proven)
DUI-related personal injury debts
Criminal restitution and court fines
Certain long-term obligations like mortgages

How Roderick Linton Belfance, LLP Can Help

Bankruptcy laws are complex, and every financial situation is unique. At Roderick Linton Belfance, LLP , our legal team works with Ohio residents to develop effective Chapter 13 plans and maximize the discharge of eligible debts. With the right guidance, you can achieve meaningful debt relief and a fresh financial start.

Spring Clean Your Legal Affairs

Tue, 06 May 2025 18:07:00 GMT

Spring Cleaning Your Legal Affairs: Why Now is the Time to Update Your Estate Plan

As the season of renewal and rejuvenation, spring is the perfect time to clean and organize various aspects of our lives. While many may focus on decluttering their homes or starting new fitness routines, it is equally important to pay attention to our legal affairs. One area that often gets overlooked is estate planning. Just as we spring clean our living spaces, now is the ideal time to review and update your estate plan to ensure it remains effective and reflective of your current wishes.
WHY UPDATE YOUR ESTATE PLAN?
Estate plans are not static documents or one-and-done tasks. As your life circumstances evolve, so should your legal documents.
Here are a few reasons why you might need to revisit your estate plan:
1. Life Changes Major life events such as marriage, divorce, birth of a child, or the death of a beneficiary can significantly impact your estate plan. Updating your plan ensures that it accurately reflects your current family dynamics and intentions.
2. Changes in Assets Your financial situation may change over time as you acquire new assets or sell existing ones. Regular updates to your estate plan can help ensure that all your assets are properly accounted for and distributed according to your wishes.
3. Legal and Tax Law Updates Estate planning laws and tax regulations change, impacting the effectiveness of certain estate planning strategies. By reviewing your plan periodically, you can make necessary adjustments to remain compliant and minimize tax burdens.
4.Health Considerations As we age, our health needs change. Updating your estate plan to include advanced directives, living wills, and healthcare proxies can ensure your medical preferences are respected if you are unable to make decisions for yourself.
When updating your estate plan, consider reviewing key components such as wills and trusts, powers of attorney, beneficiary designations, and guardianship designations. Ensure that your will and any trusts accurately reflect your current wishes, including verifying beneficiaries, updating asset allocations,and confirming the roles of executors and trustees. It is also crucial to keep your financial and healthcare powers of attorney up-to-date, as these documents designate individuals to make decisions on your behalf if you are incapacitated. Confirm that the beneficiaries listed on your retirement accounts, life insurance policies, and other financial accounts align with your estate planning goals to avoid unintended consequences. If you have minor children, review and update your guardianship designations to ensure that your chosen guardians are still appropriate and willing to take on this responsibility.
Spring is a time of renewal.
This makes the perfect time to review and update your estate plan. As the flowers begin to bloom and the days grow longer, take this season of rebirth to ensure that your legal affairs are in order and that your wishes will be honored. At Roderick Linton Belfance LLP, we are dedicated to helping you navigate the complexities of estate planning.
Contact us today to schedule a consultation and take the first step toward securing your family’s future.

Can Bankruptcy Prevent Foreclosure in Ohio?

Wed, 30 Apr 2025 15:36:00 GMT

Can Bankruptcy Prevent Foreclosure in Ohio?

Facing the possibility of foreclosure is a frightening experience for any Ohio homeowner. Fortunately, filing for bankruptcy can offer a powerful legal tool to help stop or delay foreclosure and potentially save your home. At Roderick Linton Belfance, LLP , we work with Akron residents to explore legal solutions that can provide immediate relief and long-term protection.

The Automatic Stay: Immediate Relief from Foreclosure

When you file for bankruptcy—whether Chapter 7 or Chapter 13—an automatic stay goes into effect. This is a court order that immediately halts all collection activities, including foreclosure proceedings. That means once the bankruptcy petition is filed, your lender cannot continue with a scheduled foreclosure sale or initiate new actions to take your home without first getting permission from the bankruptcy court.

Chapter 13: A Path to Keep Your Home

If your primary goal is to keep your home, Chapter 13 bankruptcy is often the most effective strategy. Under Chapter 13, you can create a repayment plan that allows you to catch up on missed mortgage payments over a period of 3 to 5 years. As long as you make your regular mortgage payments and stick to your plan, you can avoid foreclosure.

Chapter 7: Temporary Delay, Possible Discharge of Debt

While Chapter 7 bankruptcy does not provide a long-term solution to stop foreclosure, it can delay the process and discharge other debts like credit cards and medical bills. This may free up enough financial resources to help you stay current on your mortgage—or give you additional time to transition to new housing.

Bankruptcy Isn’t One-Size-Fits-All

It’s important to understand that bankruptcy isn’t the right option for every homeowner. The decision to file should be based on your full financial picture and your goals—whether it’s to keep your home, discharge debt, or protect other assets.
At Roderick Linton Belfance, LLP , our team is here to help Akron homeowners understand their rights and explore whether bankruptcy could be a practical tool in the fight against foreclosure.

How to Avoid Probate in Ohio: Legal Tools That Work

Tue, 25 Mar 2025 18:52:00 GMT

How to Avoid Probate in Ohio: Legal Tools That Work

Probate in Ohio can be a time-consuming, costly, and public process, often causing stress during an already difficult time. Fortunately, there are several effective legal tools available that can help you and your loved ones avoid probate entirely. At Roderick Linton Belfance, LLP, we guide Akron families through the process of proactively protecting their assets and ensuring a smoother transition for heirs.

Understanding Probate in Ohio

Probate is a legal process supervised by the court that verifies and administers the estate of someone who has passed away. Assets are gathered, debts are paid, and the remaining assets are distributed according to a will or Ohio law if no will exists. This process is not only lengthy—often taking several months or longer—but it also involves court fees, administrative expenses, and sometimes, disputes among family members.

Proven Legal Tools to Avoid Probate in Ohio

1. Living Trusts

A living trust is a powerful legal tool allowing you to transfer assets directly to beneficiaries without going through probate. Once established, you maintain control of your property while alive, and upon your passing, assets are seamlessly transferred according to your instructions.

2. Joint Ownership with Rights of Survivorship

Holding property jointly with another person as "joint tenants with rights of survivorship" allows property to pass automatically to the surviving owner without the need for probate. This arrangement is commonly used for real estate and bank accounts.

3. Transfer-on-Death (TOD) Designations

Ohio law permits individuals to designate beneficiaries directly on assets such as bank accounts, investment accounts, real estate, and vehicles. Upon your passing, these assets automatically transfer to the designated beneficiaries without probate involvement.

4. Payable-on-Death (POD) Bank Accounts

Similar to TOD designations, a payable-on-death bank account allows you to name beneficiaries who will automatically receive the account funds upon your death. This method keeps the account out of probate court and quickly accessible to heirs.

5. Gifting Assets Before Death

Strategically gifting certain assets during your lifetime reduces the size of your probate estate. However, it is essential to understand potential tax consequences or Medicaid implications before choosing this route.

Creating a Customized Plan with Roderick Linton Belfance, LLP

Every estate is unique, and the best approach depends on your personal situation and goals. Our experienced estate planning attorneys at Roderick Linton Belfance, LLP work closely with clients in Akron and the surrounding areas to develop tailored strategies to minimize or avoid probate. We'll evaluate your assets, discuss your goals, and create a plan that protects your loved ones and your legacy.
By taking proactive steps now, you can save your family time, expenses, and unnecessary stress. Reach out today to discuss your options for avoiding probate in Ohio.

From Overwhelmed to Empowered: A Step-by-Step Guide to Navigating Bankruptcy for Small Business Owners

Mon, 24 Feb 2025 17:51:00 GMT

Running a small business is a dream for many entrepreneurs, but it comes with many challenges. The financial toll can leave one feeling overwhelmed and uncertain about the future. We understand that facing bankruptcy as a small business owner can be scary. However, with the right guidance and strategies, it is possible to recover and grow. Filing for bankruptcy can help a struggling business owner survive and ultimately thrive.

WHAT IS BANKRUPTCY?
The word ‘bankruptcy’ has a negative connotation. However, it’s important to not be afraid of it but instead seek to understand what it means. Bankruptcy is a legal process designed to help businesses eliminate or repay their debts under the protection of the federal bankruptcy court.
Below are three steps to help small business owners feel empowered to revive their business with the help of a trusted advisor.

A ssess Your Financial Situation

Before taking the significant step of hiring a bankruptcy attorney, it is crucial to assess your financial situation. The first step in navigating bankruptcy as a small business owner is to take a comprehensive look at your finances. This includes managing your cash flow and reviewing all your assets and liabilities. This comprehensive assessment will provide a clear picture of whether bankruptcy is the most viable option for your business.
It’s also important to gather all necessary financial documents. For example, putting together balance sheets, income statements, and tax returns. By compiling all of these ahead of time, you are not only helping yourself but also your future attorney. Keeping these organized will save you time.

Research and Select a Qualified Attorney

Choosing the right attorney is a critical step. An experienced attorney will be able to advise you on the steps to take prior to filing bankruptcy. They will then be able to guide you through the complexities of bankruptcy law and help you make informed decisions for you and your business.
Finding an attorney who has experience in working with small businesses and has a track record of handling cases like yours is crucial. This is not something you will find at a small business workshop. However, you can seek referrals of attorneys from your professional network. There might be another small business owner you know that has walked in your shoes and has a recommendation.

Consult with the Attorney and Plan the Next Steps

Once you have selected an attorney, schedule a consultation to discuss your situation. Your first meeting will be an opportunity to ask questions, understand the bankruptcy process and develop a strategic plan for moving forward. Be prepared with a list of questions and topics to cover (such as differences between Chapter 7 and Chapter 11), what the costs are, potential timeline, and the impact filing will have on your business. It’s important to work with your attorney on a strategic plan so you have a clear path to stay on track.
By following these three essential steps, you can approach filing bankruptcy with confidence. The goal is to achieve the best outcome for your business that allows you to rebuild and move forward.

Current Issues in Today’s Economic Environment

Though small businesses encounter many challenges throughout their life cycle, one of the most common issues facing small business owners today is dealing with the challenges that come from obtaining SBA loans due to the impact of COVID-19.
Many small businesses obtained either EIDL or PPP loans from the SBA to cover short term costs with the expectation revenues would return to normal after the pandemic. When the business’ revenues did not return to pre-COVID levels, business owners were confronted with much higher fixed costs and less revenue in which to operate.
In many of our client’s cases since the onset of COVID-19, we have been able to either restructure or greatly reduce a client’s SBA debt through a Chapter 11 proceeding, or more specifically, a subchapter V proceeding.
If you are looking for an experienced, bankruptcy attorney who focuses in working with small businesses, please contact the Chair of our Bankruptcy Group Steve Heimberger at 330-434-3000 or sheimberger@rlbllp.com

Common Mistakes Business Owners Make in Divorce (And How to Avoid Them)

Thu, 20 Feb 2025 15:51:00 GMT

Common Mistakes Business Owners Make in Divorce (And How to Avoid Them)

Divorce is a complex process for any couple, but for business owners, it presents additional legal and financial challenges. The fate of a business can become entangled in divorce proceedings, potentially jeopardizing its future. At Roderick Linton Belfance, LLP, we help Ohio business owners navigate these complexities and avoid common mistakes that can lead to costly consequences.

1. Failing to Separate Business and Personal Finances

One of the most common mistakes business owners make is not keeping their business finances separate from personal assets. If business and personal funds are commingled, it can be difficult to prove which assets belong to the business and which belong to the marital estate. To avoid this, maintain separate accounts and records and keep detailed financial documentation.

2. Underestimating Business Valuation

Business owners sometimes assume their valuation will be straightforward or that their spouse will accept their estimate. However, courts require a formal business valuation, often conducted by financial experts. Undervaluing or overvaluing the business can lead to unfair settlements. Working with an experienced business appraiser ensures an accurate valuation.

3. Not Having a Prenuptial or Postnuptial Agreement

A well-drafted prenuptial or postnuptial agreement can clarify how a business will be treated in the event of a divorce. Without one, a business may be considered marital property, subject to division. Business owners can protect their interests by proactively creating a legal agreement outlining ownership rights.

4. Ignoring the Impact of Divorce on Business Operations

Divorce can be time-consuming and emotionally draining, leading to business neglect. Some owners find themselves distracted, which can impact productivity and revenue. Establishing a clear strategy, delegating responsibilities, and seeking legal guidance can help ensure business continuity.

5. Trying to Hide Business Assets

Some business owners attempt to shield assets from division by transferring ownership, hiding income, or manipulating financial records. Courts take a strict stance against such practices, and if discovered, it can lead to penalties and unfavorable rulings. Transparency is key to avoiding legal repercussions.

6. Failing to Consider Buyout or Settlement Options

If a business is considered marital property, the spouse may be entitled to a portion of its value. Business owners should explore buyout or settlement options to maintain full control. This might involve structured payments, asset exchanges, or refinancing.

7. Overlooking Tax Implications

Dividing a business in divorce can have significant tax consequences. Missteps in asset division, buyouts, or restructuring can lead to unexpected tax liabilities. Consulting with financial and legal professionals ensures tax-efficient solutions.

Protecting Your Business in Divorce

Business owners facing divorce must take proactive steps to safeguard their business interests. At Roderick Linton Belfance, LLP, we assist Ohio business owners in structuring fair settlements while minimizing disruptions to their operations. Proper planning, expert valuation, and strategic negotiation can help protect both the business and personal financial well-being.

Understanding Workplace Discrimination in Ohio: Know Your Rights

Sat, 01 Feb 2025 21:49:00 GMT

Understanding Workplace Discrimination in Ohio: Know Your Rights

Workplace discrimination is a serious issue that can negatively impact employees’ careers, mental well-being, and financial stability. Ohio workers are protected by both federal and state laws that prohibit discriminatory practices in employment. If you believe you have been treated unfairly due to a protected characteristic, understanding your rights is the first step in seeking justice.

What is Workplace Discrimination?

Workplace discrimination occurs when an employer treats an employee or job applicant unfairly based on protected characteristics rather than their qualifications or job performance. These characteristics include:

Race, color, or national origin
Sex, gender identity, or sexual orientation
Religion
Disability (physical or mental)
Age (40 and older)
Pregnancy
Military status or veteran status
Genetic information

Discrimination can take many forms, including wrongful termination, failure to promote, pay disparities, and hostile work environments.

Types of Workplace Discrimination

Hiring and Firing Discrimination – Employers cannot refuse to hire or fire someone based on a protected characteristic. For example, refusing to hire a qualified candidate because of their race is unlawful.
Wage and Promotion Discrimination – Employees must be given equal pay and promotion opportunities based on their qualifications, not their sex, age, or other protected factors.
Harassment and Hostile Work Environment – If an employee faces repeated offensive remarks, bullying, or unwanted advances based on a protected characteristic, this can create a hostile work environment.
Retaliation – Employers cannot retaliate against employees who report discrimination or participate in workplace investigations.
Disability and Religious Accommodation – Employers must provide reasonable accommodations for employees with disabilities or religious practices unless doing so would cause undue hardship.

Ohio Laws on Workplace Discrimination

In addition to federal protections under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), Ohio’s Ohio Civil Rights Act (OCRA) further protects employees from workplace discrimination. The Ohio Civil Rights Commission (OCRC) enforces these laws, investigating claims of discrimination and taking legal action against employers who violate them.

What to Do If You Experience Workplace Discrimination

If you believe you have been discriminated against in your workplace, take the following steps:

Document Everything – Keep records of discriminatory actions, emails, performance reviews, and witness statements.
Report the Issue Internally – Many companies have HR policies for handling discrimination complaints.
File a Complaint with the OCRC or EEOC – If internal reporting does not resolve the issue, you can file a complaint with the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC).
Seek Legal Assistance – Consulting an attorney can help you understand your legal options and build a strong case for justice.

How Roderick Linton Belfance, LLP Can Help

At Roderick Linton Belfance, LLP, we are committed to protecting workers’ rights in Akron, Ohio. If you have been a victim of workplace discrimination, our skilled employment law attorneys can help you navigate the legal process, file claims, and fight for the compensation and justice you deserve. Contact us today for a consultation.

Who Qualifies for Chapter 11 Bankruptcy in Ohio?

Mon, 02 Dec 2024 15:31:00 GMT

Who Qualifies for Chapter 11 Bankruptcy in Ohio?

Chapter 11 bankruptcy is often associated with large corporations, but it’s a flexible option available to a wide range of individuals and businesses facing financial difficulties. At Roderick Linton Belfance, LLP, we assist the Akron public in understanding and navigating Chapter 11 bankruptcy to regain financial stability.

What Is Chapter 11 Bankruptcy?

Chapter 11 bankruptcy, also known as "reorganization bankruptcy," allows businesses and individuals to restructure their debts while continuing operations. Unlike Chapter 7, which involves liquidating assets, Chapter 11 focuses on developing a repayment plan to satisfy creditors over time.

Who Qualifies for Chapter 11 Bankruptcy in Ohio?

Businesses
Corporations: Both large and small corporations can file for Chapter 11 to reorganize their debts and continue operations.
Partnerships: Partnerships facing financial challenges can use Chapter 11 to restructure debts while preserving the business.
Limited Liability Companies (LLCs): Chapter 11 offers a pathway for LLCs to reorganize their financial obligations.
Individuals
Individuals with substantial debts who do not qualify for Chapter 13 due to debt limits may file for Chapter 11. This includes:
High-income earners with significant business or personal debt.
Individuals with complex financial situations involving multiple properties or business interests.
Small Businesses (Subchapter V)
In 2019, the Small Business Reorganization Act introduced Subchapter V to streamline the Chapter 11 process for small businesses. To qualify:
The business must have noncontingent, liquidated debts under approximately $7.5 million.
At least 50% of those debts must arise from commercial or business activities.
Subchapter V is designed to reduce costs and simplify the reorganization process, making Chapter 11 more accessible to small businesses.

Benefits of Chapter 11 Bankruptcy

Business Continuation: Allows businesses to remain operational while addressing debt issues.
Debt Restructuring: Offers flexibility in renegotiating payment terms with creditors.
Automatic Stay: Immediately halts creditor collection efforts, giving the filer time to develop a repayment plan.

How Roderick Linton Belfance, LLP Can Help

Navigating Chapter 11 bankruptcy can be complex, but you don’t have to face it alone. At Roderick Linton Belfance, LLP, we provide personalized legal assistance to the Akron public, helping businesses and individuals explore their options, develop reorganization plans, and work toward financial recovery.

If you’re considering Chapter 11 bankruptcy in Oh io, contact us today to schedule a consultation. Let us help you take the first step toward a stronger financial future.

Your Guide to Hiring a Medical Malpractice Attorney in Ohio

Thu, 16 Nov 2023 19:15:00 GMT

Dealing with medical malpractice can be a highly emotional and distressing experience. The thought of putting your health in the hands of a medical professional only to end up with a worsened condition or injury is heart-wrenching. If you have been a victim of medical malpractice in Ohio, hiring a medical malpractice attorney can help you seek the compensation you deserve. In this post, we’ll guide you through the steps of finding the best medical malpractice attorney in Ohio and securing a financial settlement for your losses.

Step 1: Start your search for a medical malpractice attorney in Ohio

The first step to securing a successful medical malpractice lawsuit is to find an experienced attorney. You can start your search for a medical malpractice attorney in Ohio by asking for referrals from friends, family, and colleagues. You can also search the internet for reputable lawyers in Ohio who specialize in medical malpractice. Be sure to check the lawyer's qualifications, experience, and reviews from past clients. This will help you make an informed decision about which attorney to hire.

Step 2: Schedule an initial consultation

Once you have a list of potential medical malpractice attorneys in Ohio, schedule an initial consultation with them. This meeting will give you the chance to discuss your case and evaluate the lawyer’s expertise and experience. A good attorney will ask you detailed questions about your case, medical history, and any evidence you have. They will also explain the legal process, your rights, and the potential compensation you may get.

Step 3: Evaluate the attorney's experience and qualifications

When hiring a medical malpractice attorney, experience and qualifications matter. Look for an attorney with a good track record of handling medical malpractice cases similar to yours. Check their certifications and professional accreditations to ensure that they have the expertise and qualifications needed to represent your case. Additionally, make sure that the attorney is licensed to practice law in Ohio.

Step 4: Discuss fee arrangements

Cost is a crucial factor to consider when hiring a medical malpractice attorney. Some attorneys charge an hourly or contingency fee, while others may require a retainer upfront. It's important to discuss fee arrangements with your attorney upfront to avoid surprises. A reputable medical malpractice attorney should be transparent about their fee structure and only get paid if you win the lawsuit.

Step 5: Trust your instincts

Lastly, trust your instincts when choosing an attorney. You want a lawyer who is professional, honest, and who listens and responds to your concerns. If you feel uncomfortable with the attorney or their approach, it’s better to move on to someone else. A good medical malpractice attorney will have your best interests at heart and will work hard to obtain the compensation you deserve.

If you are a victim of medical malpractice in Ohio, hiring a medical malpractice attorney can help you get the compensation you deserve. Finding the right attorney requires careful consideration of their qualifications, experience, and professionalism. By following the steps outlined in this post, you can select the best attorney for your case and achieve a favorable outcome. Remember, you have a legal right to pursue compensation for your losses, and a qualified attorney can help you navigate the legal system and seek justice.

Is Aggravated Assault a Felony in Ohio?

Mon, 30 Oct 2023 20:00:00 GMT

Assault, in any degree or form, can have severe legal consequences. In Ohio, aggravated assault is considered a serious crime that can result in severe prison sentences. In this blog post, we will take a closer look at the legal definition of aggravated assault, the penalties associated with this crime, and how it differs from other states in the United States.

Aggravated assault is a type of assault that involves the use of a deadly weapon or the intent to cause severe bodily harm. In Ohio, aggravated assault is classified as a felony of the fourth degree and can lead to up to 18 months of imprisonment and fines which can go up to $5000. Cincinnati law recognizes different degrees of felony that take into account the gravity of crime committed by the convict. Essentially, it is a more severe crime than simple assault, which often results in only misdemeanor charges.

Other states in the United States have different criteria to classify aggravated assault. For example, in some states, assault with a deadly weapon is considered a separate class from aggravated assault, which only requires an intent to cause bodily injury and not necessarily an intent to kill. Some states also differentiate based on the severity of bodily harm caused. Therefore, it is important to understand the relevant laws of the state in which you reside.

Aggravated assault in Ohio can be punishable with harsher penalties in certain cases such as, if the assault results in serious bodily harm or the victim is a public servant, such as a law enforcement officer. In these circumstances, the crime is elevated to a third-degree felony. The penalty for third-degree crimes in Ohio ranges from one to five years in prison and fines ranging from $2500 to $10,000.

In some instances, you could find yourself charged with multiple offenses related to an incident of aggravated assault. For example, you could also face charges for carrying an illegal weapon or other drug-related offenses simultaneously. These combined offenses can lead to a more complicated legal procedure and more heft penalties.

Aggravated assault is a serious offense that can lead to severe legal consequences. Ohio considers this crime a felony of the fourth degree and can result in up to 18 months of imprisonment and $5000 in fines. However, penalties can vary based on additional factors such as the severity of the injury or if a public servant was involved. In other US States, aggravated assault may have different classifications and penalties, highlighting the importance of understanding local law. If you have been charged with aggravated assault, it is crucial to connect with a Cincinnati criminal defense attorney to fully understand your legal rights. Remember, the quality of your defense can decide whether or not you are found guilty, and that is why it’s important to have a professional with experience guide you through the legal process.

Understanding the Financial Implications of Foreclosure for Ohio Residents

Fri, 29 Sep 2023 16:03:00 GMT

Buying your first home is always an exciting time, but it can quickly turn into a nightmare if things don't go according to plan. One of the worst-case scenarios that homeowners fear is foreclosure. Foreclosure can have serious financial implications that go beyond simply losing your home. In this blog post, we'll discuss what happens to your down payment, whether you get your money back if your home gets foreclosed on, and other important financial considerations for Ohio residents.

1. What happens to your down payment in a foreclosure?

When you're buying a house, you'll typically make a down payment to secure the purchase. But what happens to that down payment if your home goes into foreclosure? Unfortunately, in the case of foreclosure, you will not get your down payment back. Once you've made the down payment, it goes towards the purchase price of the house, and you won't be able to recover it if the house is foreclosed.

2. Will you get your money back if your home gets foreclosed on?

If you're facing foreclosure, you're probably wondering if you can get any of your money back. Unfortunately, the answer is usually no. When a house is foreclosed on, the bank takes possession of the property and sells it to recoup their losses. Any money made from the sale goes toward paying off the mortgage, and any remainder is paid to the homeowner. However, in most cases, the sale of the property won't be enough to cover the outstanding mortgage, so the homeowner won't get any money back.

3. The impact of foreclosure on your credit score

In addition to losing your home and any down payment you've made, foreclosure can have a severe impact on your credit score. A foreclosure will stay on your credit report for up to seven years and can make it challenging to obtain credit in the future. If you're considering purchasing another home after foreclosure, you'll likely have to pay higher interest rates on your mortgage, and you may have trouble qualifying for a loan at all.

4. Foreclosure alternatives

If you're struggling to keep up with your mortgage payments, there may be alternatives to foreclosure that you can explore. One option is a loan modification, which can allow you to renegotiate the terms of your mortgage to make it more affordable. Another option is a short sale, where you sell your home for less than the outstanding mortgage and the bank agrees to forgive the remaining debt.

Foreclosure is a difficult and stressful experience, and the financial implications can be severe. If you're facing foreclosure, you should consult with an experienced attorney to understand your options and make the best decisions possible for your financial future. Remember, there are alternatives to foreclosure, and taking action sooner rather than later can help you protect your credit score and minimize your losses.

Chapter 7 vs. Chapter 13 Bankruptcy: What You Need to Know

Wed, 05 Jul 2023 19:34:00 GMT

Chapter 7 vs. Chapter 13 Bankruptcy: What You Need to Know

Are you struggling to keep up with your bills and payments? Filing for bankruptcy might be the solution to your financial woes. However, it's important to understand the differences between chapter 7 and chapter 13 bankruptcy before deciding which one is right for you. As experienced legal professionals at Roderick Linton Belfance, LLP in Akron, Ohio, we can guide you through the bankruptcy process and help you make the best decision for your specific situation.

Chapter 7 bankruptcy, also known as liquidation bankruptcy, is typically suited for individuals with little to no regular income. In a chapter 7 bankruptcy case, the court will liquidate your assets to pay off your debts. However, certain types of assets, such as your home or car, may be exempt from liquidation. If you're eligible for chapter 7 bankruptcy, it can discharge most of your unsecured debts, such as credit card balances and medical bills, in as little as three months. However, it's important to note that it can also have a negative impact on your credit score and remain on your credit report for up to 10 years.

On the other hand, chapter 13 bankruptcy, also known as reorganization bankruptcy, is typically suited for individuals with regular income who want to keep their assets but need help restructuring their debt. In a chapter 13 bankruptcy case, you'll work with a payment plan to pay off your debts over a period of three to five years. Chapter 13 bankruptcy can include all types of debts, including secured debts like your mortgage or car loan, and can help you avoid foreclosure or repossession. While you'll still have to make payments, they'll be more manageable, and you'll have a better chance of paying off your debts in full. Chapter 13 bankruptcy can also have a less negative impact on your credit score than chapter 7.

So who should file for chapter 7 bankruptcy? If you have little to no regular income and your debt is mostly unsecured, chapter 7 might be the best option for you. However, it's important to note that there are income limits for chapter 7 eligibility, and if you make too much money, you might not be able to file. Additionally, if you have valuable assets you don't want to lose, such as your home or car, chapter 7 might not be the best option for you.
On the other hand, if you have regular income and need help restructuring your debt, chapter 13 bankruptcy might be the best option for you. Chapter 13 can also be a good option if you have valuable assets you want to keep, such as your home or car, as it allows you to restructure your payments and avoid foreclosure or repossession.

Filing for bankruptcy can be a difficult decision to make, but it can also be a fresh start for your financial future. However, it's important to understand the differences between chapter 7 and chapter 13 bankruptcy, and which one is right for you. At Roderick Linton Belfance, LLP in Akron, Ohio, we have years of experience guiding clients through the bankruptcy process, and we can help you make the best decision for your situation. Contact us today to schedule a consultation and take the first step towards a brighter financial future.

Understanding the Rights of Creditors in Bankruptcy Matters

Fri, 21 Apr 2023 17:32:00 GMT

Understanding the Rights of Creditors in Bankruptcy Matters

Bankruptcy matters can be complex and confusing, especially for creditors. As a creditor, it's essential to understand your rights in the process to ensure that you receive the compensation you are due. At Roderick Linton Belfance, LLP, we understand that enforcing creditors' rights can be challenging, and we are here to help. In this blog post, we will break down some of the most important rights of creditors in bankruptcy matters.

The Automatic Stay

One of the most critical rights of a creditor in bankruptcy is the automatic stay. The automatic stay is a legal order that immediately halts any collection activity against the debtor. As a creditor, you are not allowed to contact the debtor for payment or file a lawsuit against them during the automatic stay. However, there are exceptions to this rule, such as if the creditor files for relief from the automatic stay.

Proof of Claim

As a creditor, you have the right to file a proof of claim. A proof of claim is a document that you file with the bankruptcy court explaining the nature and amount of your claim against the debtor. This document is crucial as it allows you to participate in the bankruptcy process and potentially receive payment.

The Right to Object

If you believe that the debtor's bankruptcy filing is not valid, as a creditor, you have the right to object. For example, if you believe that the debtor filed for bankruptcy fraudulently, you can object to the filing. Additionally, if you disagree with the debtor's proposed repayment plan, you can also object to the plan.

Secured Creditors

As a secured creditor, you have the right to file a motion for relief from the automatic stay. This means that you can ask the court to lift the stay, allowing you to take action to collect the debt. Additionally, if you have a lien on the debtor's property, you have the right to be paid before unsecured creditors.

Priority of Payments:

As a creditor, it's essential to understand the priority of payments in bankruptcy cases. Priority payments are payments that the debtor makes before making payments to other creditors. These payments are made to specific creditors, such as taxes or employees' wages. Understanding the priority of payments is crucial, as it can impact when and how much you receive in payment.

As a creditor, understanding your rights in bankruptcy matters is crucial to ensure that you receive the payment you are due. At Roderick Linton Belfance, LLP, we have years of experience representing creditors in bankruptcy cases. We can help you understand your rights and work to protect your interests in the process. Contact us today to schedule a consultation.

Are Noncompete Agreements Dead?

Thu, 06 Apr 2023 13:00:00 GMT

Are Noncompete Agreements Dead?

The Federal Trade Commission is considering a rule that would ban noncompete agreements, which are contracts that prevent employees from working for a competitor after leaving a job. Proponents argue that these agreements stifle competition and limit workers' ability to find new employment opportunities. But opponents say that they're necessary to protect businesses and trade secrets. So, which side is right? Let's dive in and find out.
On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking (NPRM) to prohibit employers from imposing noncompete clauses on workers.

Noncompete clauses are contractual terms that prevent workers from working for a competitor or starting a competing business for a certain period of time after leaving their current employer. The FTC's proposed rule would generally prohibit the use of such clauses, including for independent contractors and anyone who is not an employee.

While the proposed rule is not yet in effect, it is important for businesses to be aware of this development and to consider the potential impact it could have on their employment practices. We advise you to review your existing employment contracts and consult with legal counsel to ensure that your agreements are compliant with any new rules or regulations that may be implemented.

The Federal Trade Commission has put forth a proposal to disallow employers from using noncompetes with their employees. This practice is commonplace, but they can take advantage of workers, suppress wages, stifle innovation, and prevent entrepreneurs from launching new businesses. The agency believes that, by prohibiting such a practice, the proposed rule could potentially lead to a $300 billion yearly increase in wages and open up job opportunities for 30 million Americans.

The FTC rule would ban employers from imposing noncompete clauses on their workers, with the aim of increasing job mobility and promoting fair competition.

In addition to prohibiting employers from entering into non-compete clauses with workers starting on the rule’s compliance date, the proposed rule would require employers to rescind existing non-compete clauses no later than the rule’s compliance date. The proposed rule would also require an employer rescinding a non-compete clause to provide notice to the worker that the worker’s non-compete clause is no longer in effect.
To facilitate compliance, the proposed rule would

(1) include model language that would satisfy this notice requirement and

(2) establish a safe harbor whereby an employer would satisfy the rule’s requirement to rescind existing non-compete clauses where it provides the worker with a notice that complies with this notice requirement.

The proposed rule would include a limited exception for non-compete clauses between the seller and buyer of a business. This exception would only be available where the party restricted by the non-compete clause is an owner, member, or partner holding at least a 25% ownership interest in a business entity. Text would clarify that non-compete clauses covered by this exception would remain subject to federal antitrust law as well as all other applicable law.

The FTC has invited public opinion on a proposed rule that has been established on the basis of a preliminary conclusion that noncompetes are an unjust practice of competition, thus contravening Section 5 of the Federal Trade Commission Act. Comments on the proposal can be submitted. The public is encouraged to express their opinion on the proposed rule by submitting comments on the FTC website before April 19, 2023.

This proposed rule from the FTC is in line with their new policy statement to reinvigorate Section 5 of the FTC Act, which prohibits unfair methods of competition. The FTC has recently used this power to prohibit companies from demanding onerous noncompete agreements from their workers, like the Michigan security guard company and its executives. It also ordered two large glass container manufacturers to stop using noncompetes since they block competition and hamper new businesses from finding the right employees. This NPRM and their enforcement actions are part of the agency's broader initiative to use all of their resources to ensure fair competition in the labor market.

Various job levels and industries, such as hairstylists, warehouse workers, physicians, and executives, are required to sign noncompete agreements by their employers. Unfortunately, this is often done through the use of the employer's leverage over the employee. Noncompetes interfere with the competition of labor markets by stopping workers from gaining better chances, as well as stopping employers from hiring the most competent people.
Research indicates that noncompete clauses can impede innovation and business growth in a variety of ways--stopping potential entrepreneurs from establishing competing companies and impeding personnel from bringing new ideas to different firms. This has a negative impact on customers; when there are fewer entrants to the market and greater control, they can be confronted with elevated prices--as seen in the health care sector.

The FTC is taking steps to deal with this issue through the introduction of a general prohibition against the usage of noncompete clauses. This proposed rule would make it a breach of law for an employer to do the following:

Try to establish a noncompete agreement with an employee;
Maintain a noncompete agreement with a worker; or
Lead a worker to believe, in specific conditions, that they are bound by a noncompete.

This regulation would be applicable to both independent contractors and any person employed by a company, regardless of whether they are paid or not. Additionally, employers should revoke any existing noncompete clauses and inform their staff that they are no longer in effect.
The regulation likely will not encompass other work-related limitations, such as non-disclosure agreements. But, should any other employment stipulations be so encompassing that they could be interpreted as noncompetes, then they could be subject to this rule.

Lina M. Khan, Chair of the FTC, declared that having the ability to move from one job to another is a fundamental part of economic liberty and a prosperous economy. Noncompetes prevent people from taking jobs that offer better wages and working conditions. Additionally, this practice also restricts businesses from having access to the talent they require in order to grow and develop. The FTC's proposed rule, if adopted, would eliminate this practice, leading to more dynamism, creativity, and competition in the marketplace. Elizabeth Wilkins, Director of the Office of Policy Planning, commented that the proposed rule would guarantee that companies are not taking advantage of their powerful bargaining power to limit job opportunities and hinder competition.

At the Commission's meeting, votes were cast 3-1 in favor of releasing the Notice of Proposed Rulemaking, which is the FTC's initial step in their rulemaking process. Chair Khan, Commissioner Rebecca Kelly Slaughter, and Commissioner Alvaro Bedoya provided a joint statement . Commissioners Slaughter and Bedoya both issued another statement . Commissioner Christine S. Wilson voted against the decision and provided her own statement .
The FTC will assess the comments and may make modifications to the final rule according to the comments and its further analysis. Link to the FTC for information on this rule https://www.ftc.gov/legal-library/browse/federal-register-notices/non-compete-clause-rulemaking

Understanding Chapter 13 Bankruptcy: What Ohio Residents Need to Know

Tue, 28 Mar 2023 00:31:00 GMT

Understanding Chapter 13 Bankruptcy: What Ohio Residents Need to Know

Declaring bankruptcy can be an intimidating decision that affects many aspects of your life. At Roderick Linton Belfance, LLP, we understand the challenges that come with this process, which is why we're committed to assisting Ohio residents who need to file for bankruptcy. In this blog post, we'll discuss chapter 13 bankruptcy and how it can help individuals and families struggling with debt. We'll also answer common questions such as whether filing for chapter 13 bankruptcy will affect your job status. Keep reading to discover the benefits of this type of bankruptcy and how we can help you through the process.

Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to restructure their finances and pay off their debts over time. This option may be ideal for those who earn a steady income and want to keep their assets, such as their home or vehicle. Under chapter 13 bankruptcy, debtors are required to create a repayment plan that details how their debts will be paid off in full over the course of 3-5 years. The amount of the monthly payment is determined by several factors, including the debtor's income, expenses, and other financial obligations.

One of the benefits of chapter 13 bankruptcy is that it can help you keep your assets and avoid foreclosure or repossession. If you're struggling to make mortgage or car payments, chapter 13 bankruptcy may provide relief by restructuring your debts and allowing you to catch up on missed payments. Additionally, chapter 13 bankruptcy may help you discharge some types of debt, such as credit card debt or medical bills. While you'll still have to pay off your secured debts (such as mortgage or car loans), chapter 13 bankruptcy can make it easier to manage your debts and regain financial stability.

If you're considering filing for chapter 13 bankruptcy, you may be wondering whether this decision will affect your job status. In general, filing for bankruptcy cannot be used as grounds to terminate an employee. However, certain jobs may require security clearance or a credit check, and filing for bankruptcy may affect your eligibility for these positions. It's important to speak with an experienced bankruptcy attorney who can advise you on your specific situation and any potential implications of filing for chapter 13 bankruptcy.

At Roderick Linton Belfance, LLP, we have extensive experience assisting Ohio residents with bankruptcy matters, including chapter 13 bankruptcy. Our team of attorneys can guide you through the process, help you create a repayment plan, and negotiate with your creditors on your behalf. We understand that filing for bankruptcy can be a stressful and complex process, but we're here to help you every step of the way.

C hapter 13 bankruptcy can be a valuable tool for individuals and families who are struggling with debt and want to regain financial stability. This type of bankruptcy allows debtors to restructure their debts and create a repayment plan that fits their budget and financial situation. At Roderick Linton Belfance, LLP, we're dedicated to helping Ohio residents navigate the bankruptcy process and find a solution that works for them. Contact us today to schedule a consultation and learn more about how we can assist you with your bankruptcy needs.

What Are The Benefits of Filing For Chapter 7 Bankruptcy

Mon, 16 Jan 2023 17:20:00 GMT

Bankruptcy occurs when a person or a business is unable to pay their debts or meet other financial obligations. It is a legal method for getting relief from the situation.

Bankruptcy is typically the last option for people who are unable to renegotiate payments for loans or make other arrangements with their creditors. Though it stops the collections processes, it may require you to liquidate your assets, and it will affect your credit score.

That said, the goal of bankruptcy is to give yourself a fresh, debt-free start and a chance to rebuild your credit.

Types of Bankruptcy

There are several types of bankruptcy:

Chapter 7 uses a liquidation process to pay off creditors using the debtor's assets and other available funds. This option is most common for individuals.
Chapter 11 allows businesses (and some individuals) to restructure their debt so that they can pay it off without liquidation.
Chapter 13 is another restructured debt option for individuals with regular income who will be able to pay off their debt but need different terms than they currently have.

Most individuals will opt for Chapter 7 because it is the only practical option available to them.

Though it is possible to file the necessary documents yourself in Akron, Ohio, you can also hire a bankruptcy lawyer to assist with the process.

How Chapter 7 Works

The process of Chapter 7 bankruptcy starts when you file a petition with a bankruptcy court. These courts are all part of the federal legal system, so the process is similar no matter where you live. The entire process can take about four to six months.

Once your petition gets accepted, the court issues a stay to your creditors. This order requires them to stop collections activities.
A trustee will take over your case. They will oversee the process, communicate with creditors, and liquidate your assets.
You must submit supporting documents to show your assets and income.
You attend a meeting of creditors during which all your creditors can ask questions and request documentation. Creditors can, but rarely, attend the meeting.
You must complete financial management courses during the bankruptcy process. Your debts won't be fully discharged until you do and submit evidence to the trustee.
The trustee will oversee the liquidation of your assets and the distribution of proceeds to your creditors.

Once you complete all requirements, the debt is discharged and creditors can no longer pursue you for additional repayment. However, it can take up to 10 years to remove the bankruptcy from your credit report.

The Advantages of Chapter 7 Bankruptcy

Most debtors focus on the negative aspects of bankruptcy, such as liquidation and the impact on credit scores. However, bankruptcy also brings benefits. It is essential to understand these advantages to help decide whether chapter 7 is best for you.

Chapter 7 bankruptcy brings an automatic stay on all unsecured debt. Creditors must immediately stop contacting you for repayment. If you complete the process correctly, they will never contact you after you file for bankruptcy.
You will have a clean financial slate after the discharge of your debts. Unlike other forms of bankruptcy, which require repayment plans, chapter 7 completely dismisses all debt and gives the debtor a new start.
The process is much faster than other bankruptcy options. The process, from filing to discharge, usually takes six months or less.
You will get rid of unsecured, consumer debt. Credit card debt, hospital bills, and personal loans will get discharged after liquidation.
Chapter 7 allows you to keep necessities exempt from liquidation. This property may include your home, vehicle, or tools necessary for your job. Exemptions can vary, so it is typically best to ask an attorney about claiming them.
You will take a financial planning course, which can help you set up a plan for the future and avoid excessive debt.
Filing for bankruptcy prevents creditors from taking any further legal action against you for non-payment.
Future income and assets acquired after bankruptcy are not affected by your debt. You can immediately start building a savings account.
You typically deal directly with a trustee instead of appearing in court, making the chapter 7 process less stressful than other options.
A lawyer is allowed to help you with the bankruptcy process and can argue on your behalf for exemptions or other issues involved in chapter 7.

Qualifications for Chapter 7 Bankruptcy

You need to meet specific requirements to file for chapter 7.

This option is available to individuals or small businesses.
Your average monthly income for the previous six months needs to be less than the average income for a similar-sized household in the same state. Alternatively, you could pass a means test to prove that you do not have disposable income to pay creditors.
You have not filed for bankruptcy in eight years (six years for chapter 13 bankruptcy).
If a court dismissed your previous bankruptcy petition, you must wait six months (181 days) before trying again.
You can support claims of assets with financial documentation.
You can complete a credit counseling course.

Chapter 7 is best for unsecured debts, like credit card debt. With secured loans, the lender has the right to repossess your property if you do not make payments, so chapter 7 may not provide relief in these situations.

Exemptions for Chapter 7

Also, some types of debt are exempt from discharge during bankruptcy. These include:

Child support and alimony payments
Student loans
Court fees and fines
Taxes (with some exceptions)
Debts from accidents for which you were liable
Fees for condo or homeowner associations

How an Attorney Can Help with Chapter 7 Bankruptcy

You can technically file for chapter 7 bankruptcy without an attorney. However, the process has long-term financial consequences, so you should seek legal advice if you have any concerns, questions, or uncertainties about the process. If you need to defend your petition or claims, a lawyer in Akron, Ohio can represent you. The US Court System website strongly recommends consulting a lawyer during bankruptcy.

Reach out to us if you are considering filing for bankruptcy.

Could bankruptcy help you buy a house?

Thu, 07 Jul 2022 15:16:00 GMT

Living in Northeast Ohio, you know that it can be hard to find work. There are times when costs exceed what you can earn, and it can be very difficult to make ends meet.

While there are opportunities for growth, you can find yourself in a difficult situation if you lose your job or have to take off time from work because you were hit on the highway driving in. In those kinds of cases, you might feel overwhelmed with debt, but bankruptcy could offer you a solution.

Many people put off bankruptcy because they think it will limit their opportunity to purchase a home. However, you should remember that bankruptcy could actually free up more of your money and make it easier to get together your down payment and buy a home, especially if your credit is currently poor and you’re having a hard time making ends meet.

How can bankruptcy help you prepare to buy a home?

Think about your financial situation right now. Are you having a hard time paying your bills? Has your credit score taken a dive because you haven’t been able to make payments?

A bankruptcy can help you resolve some of those issues. Depending on the kind you choose, you may be able to eliminate some of, or all of, your debts, so you can focus on putting aside a savings and starting to work towards your goals of buying a property.

If you have a longer-term outlook, even a bankruptcy like a Chapter 13 bankruptcy could be beneficial for you. With that kind, you repay your debt over time, but you may not pay as much as you do now. In the end, any qualified debts can be discharged after you make payments on time for the length determined by the court.

A bankruptcy could improve your credit score quickly if it has already bottomed out, since you’ll be able to start repaying debts on time in the future. This, along with continuing to pay future debts on time, will help you get into a better position to buy a property in the future.

Here’s why people actually declare bankruptcy

Tue, 12 Apr 2022 15:22:00 GMT

Many people don’t know why others declare bankruptcy. They understand that the individual has too much debt to pay off and needs to have it eliminated or reorganized. But they don’t understand how that person got to that point.

This is usually exemplified as a form of criticism. People will say that the person declaring bankruptcy should have just paid better attention to how much they were putting on their credit cards or should have tried to reduce their spending to fit their means.

But all of this misses the mark when looking at why people actually declare bankruptcy.

Medical debt

At the top of the list is medical debt. It is noted in roughly 66% of bankruptcy cases. This doesn’t always mean that it is the exclusive reason for the bankruptcy, but it’s a major part. Someone could have $200,000 of medical debt and $5,000 on a credit card. Both contribute to the fact that they can’t pay off that debt, but it’s very clear that medical debt is the main driver of this action.

Why is this such a problem?

There are a few reasons why medical debt is such a big problem in the United States. Some people don’t have insurance, for instance. Even those who do may find that their insurance doesn’t actually cover what they need to pay for. When this happens, medical care is often incredibly expensive, and it’s outside of the realm of possibility for people to just pay this out of their savings.

Another issue here is that medical debt is not really something that anyone chooses, so it’s impossible to plan ahead. If a health problem just suddenly develops or a serious diagnosis is made, people have to decide how to address it right at that moment. If given the choice between taking on debt to treat the problem and doing nothing, many people will simply take on the debt and decide to try to figure it out later. It’s not as if they’re choosing this in the same way that they would be with a home loan or an auto loan.

What can you do?

If you are facing overwhelming medical debt or any other type of debt that has you considering bankruptcy, take the time to look into all of your legal options.

Choosing a business partner: Red flags and warning signs

Thu, 06 Jan 2022 16:25:00 GMT

If you decide to start a business with a partner, it is absolutely crucial that you find the right person. Don’t assume that a friend or a family member, or someone you’ve worked with previously, is the right partner. They may not be, and your business is not going to be nearly as successful as it could be if you have the wrong partner on your team.

So how do you know if you’re considering someone who is actually not a good fit? It does pay to trust your gut, and you want to listen to your instincts whenever possible. Beyond that, here are a few common warning signs to look out for.

They expect you to do most of the work

If your partner looks like they’re interested in taking home 50% of the revenue, but you can tell that they’re only putting in about 30% of the work, you’re in for some future issues. It may work right now if you have the time and ability to take up the slack, but what about when the business grows? You need to have a fair and just working relationship.

All of your skills seem to overlap

It may be tempting to work with someone who is similar to you, and this can help in some ways. But you want to be wary about picking someone with the same skills. For instance, if both of you have great people skills but you’re both not very good at the financial side, your business could run into serious financial problems even when it seems like things are going well. What you want to look for is a business partner who brings new skills to the company that you wouldn’t have without them.

They don’t have the same vision or level of dedication

It’s problematic if your business partner looks at this as sort of a side job or a part-time gig that they can do when they want, while you look at it as something that you want to make a career out of. It’s also problematic if you have a very specific vision that is different from theirs, such as wanting to grow your company into an international entity while they just want to run a local business. You need to talk up front make sure you’re on the same page.

Steps to take to open your business

Once you find the right business partner, make sure you know exactly how to create a legal partnership agreement and the other steps you need to take to start your company.

Can you lose your car after a DUI?

Mon, 26 Jul 2021 15:29:00 GMT

All states have taken steps to combat impaired driving, but Ohio takes potential penalties to a higher level. While all states impose significant fines and mandatory jail time for multiple offenders, Ohio actually enables local law enforcement to confiscate the vehicles of intoxicated drivers under certain conditions. What this means for drivers is that it is imperative to fight any charge for driving under the influence, especially when they have not been using alcohol. DUI laws have been enhanced to include other chemicals including prescribed medications, so an individual can easily find themselves defending against a DUI charge even with a BAC of zero.

Conditions of impounding a personal vehicle

Impounding a vehicle in Ohio in response to a DUI conviction usually only happens on the third offense. This potential means that even a first DUI conviction on borderline evidence can have a repercussion impact for any subsequent convictions. It also further enhances the importance of a solid DUI defense for those accused of driving while under the influence of prescription drugs that can be latent in the system at the time of arrest.

Potential civil court diversion

One aspect of DUI impounding in Ohio is that the order is not issued until after a civil court hearing where the defendant can contest the action. As part of a comprehensive DUI defense, the defendant legal counsel may request an alternate penalty such as installing an IID in the vehicle to help ensure that the defendant does not drive impaired again. According to the Ohio impound law, this is the actual purpose of confiscating the vehicle or the license plate.

Impounding a vehicle is supposed to be a deterrent of drunk driving, but it can have negative consequences on individuals who lose their main mode of transportation. Ohio residents who have been cited for driving under the influence of any substance should retain an attorney as soon as possible to avoid this happening to them.

Estate planning for every age

Tue, 27 Apr 2021 15:33:00 GMT

If you are an adult and you live in Ohio, you probably need an estate plan. An estate plan determines what will happen to your belongings, but it can also help make plans for you in case you become incapacitated. Some people may think they are too young to have an estate plan, but there are certain documents that are useful for everyone.

Planning for incapacity

Even if you are a college student with few possessions and mostly dependent on your parents, you may want to consider a health care proxy or medical power of attorney. This appoints your parents or anyone else you choose to make medical decisions on your behalf if you are unable to. A durable power of attorney does the same for your finances while a living will explains your wishes for end-of-life care.

Beneficiary designations and wills

If you have a retirement account through work or a life insurance policy, you have probably been given a beneficiary designation form. It is common for people to forget about these forms and let them fall out of date, so it is important to review them regularly along with the rest of your estate plan. You may also want a will even if it is only to pass on sentimental items. If you have minor children, you can use a will to name a guardian for them.

Trusts and long-term care

People who have more complex estates may want to consider a trust. A trust can help you control how and when your assets are distributed and may offer additional protection from creditors. As you get older, you may also want to think about whether you need to include a plan for long-term care as part of your overall estate plan.

Marriages, divorces, births and deaths may all be reasons to revise your estate plan. You should make it clear which version of your will is the latest. You might also want to discuss the estate plan with your family to some extent. Good communication can help reduce the likelihood of conflict or misunderstanding.

What is estate planning for seniors?

Wed, 27 Jan 2021 16:39:00 GMT

As people age, they may start thinking more about their mortality. Elderly persons might worry about their families and take steps in the direction of estate planning. Ohio estate planning could occur at any age and regardless of net worth, but older persons might feel pressed to devise a will. And there may be other estate planning steps a senior might wish to consider.

Seniors and estate planning

A senior may wish to write a will. When a person passes away, someone must administer the estate. A will allows someone to name an executor and direct assets from the estate to persons named in the will. A will could also set other wishes the testator — the person writing the will — wants to be carried out.

As a person ages, his or her mental acuity might decline. Health issues could contribute to cognitive decline. Someone who becomes mentally incapacitated might not be able to make a valid will. If an incapacitated person does sign a will, heirs may have grounds to contest it. As such, someone might wish to avoid putting off writing or changing a will as he/she ages.

Additional estate planning considerations

A will isn’t the only document created during estate planning. Other contracts could address responsibilities for when the planner is still alive.

A living will and health care proxy or two other aspects of estate planning an older person should consider. Health issues could leave an older adult unable to communicate with doctors and other providers. A living will pre-establishes directives, and a health care proxy could move decisions to an agent.

Signing over power of attorney (POA) might be worthwhile, too. A trusted and knowledgeable agent may better handle financial and other matters. An agent with POA could pay bills and taxes and perform tasks for various accounts and responsibilities for someone else.

Estate-related documents must be valid under the law. Working with an attorney to craft them could be necessary. If the document isn’t valid, then it won’t have any use.

Estate planning for seniors might not only help write a will but also address other financial and health care considerations. An attorney could assist with writing such documents.

Business structure: How the process should be handled

Thu, 22 Oct 2020 15:41:00 GMT

If you’re starting your own business in Ohio, then you understand just how daunting the process can be even before it starts. This is why it is so important to make sure that you take your time understanding each and every part of it. One of the first and perhaps the most important part includes choosing your business structure. Business formation or the structure of the company involves everything from your tax bracket to the number of documents you’re going to be required to fill out. In fact, it could even affect how much money you can make.

Business entities

When it’s time to choose a business entity, you must understand that it will involve three things: liability, taxation, and record-keeping. The first and easiest one to handle on this list is a sole proprietorship. In a sole proprietorship, the owner has full control but does come with the risk of being liable for any legal issues that arise. A partnership is exactly what it sounds like; it’s two people who agree to share in the profits made. In a corporation, you are protected from being held liable for damages. The benefits are plentiful in this option, but most tend to ignore that a business could be taxed double. The last one and the most popular include a limited liability company (LLC). This one takes the benefits of both a corporation and a partnership. One of the most beneficial includes an avoidance of business profit/loss taxes when they are passed to the owner.

Keep in mind future needs

One of the most common mistakes new business owners make when forming their business structure is not thinking about what the company is going to look like in the future. You should question every scenario, such as what you want the business to look like if you pass away, if you face severe business/personal debt or if you decide to sell your half of the company.

As you can see, choosing a business structure is a very delicate decision to make. A business owner may benefit from utilizing the expertise of a business law attorney.

Some differences between Chapter 7 and Chapter 13 bankruptcy

Tue, 13 Oct 2020 16:04:00 GMT

Chapter 7 bankruptcy is often referred to as “liquidation bankruptcy.” If you meet the income limit, all of your qualifying debts can be wiped away. However, not all debts qualify for bankruptcy discharge.

Chapter 13 is often called the “wage earner’s bankruptcy.” The way it works is that the bankruptcy court helps you set up an affordable repayment plan for your debts. The plan generally lasts between three and five years. After you have successfully completed the plan, any remaining qualifying debts are wiped out.

Will I lose my house and car?

It depends on which Chapter you file under. If you have debts secured by collateral, like a house or car, the creditor will generally get to take the collateral if you file for Chapter 7.

In Chapter 13, you do have to pay the debts, but the creditor cannot take your collateral. Plus, as a part of your plan, any unpaid balance could be wiped out.

There are also exemptions in the law that may allow you to keep your home and vehicle even if you file Chapter 7. However, the exemption may only cover part of the value of your home or vehicle. In Chapter 13, the exemptions could change how much you have to pay your creditors.

Will I lose my other property?

In Chapter 7, you will generally have to surrender any valuable property you have that is not exempt from bankruptcy. This generally does not include your ordinary daily necessities. If you want to keep this property in Chapter 7, you may be able to pay for it outright.

In Chapter 13, you generally get to keep your nonexempt valuable property. If the property is secured by collateral, you can pay for it, with interest, over time as part of your plan.

Will my co-signer have to pay off my debt?

If someone co-signed for your personal loan, they are as responsible for the debt as you are, outside of bankruptcy. If you file for Chapter 7, the creditor can call on your co-signer to pay the debt. If you file Chapter 13, the creditor cannot call on the co-signer to pay while you are making your plan payments.

What types of debt cannot be discharged in either Chapter 7 or Chapter 13?

Some types of debt are exempt from discharge under most circumstances. These include:

If you file for Chapter 7, these debts will not be discharged. If you file for Chapter 13, these debts can be included in your repayment plan. However, you would still owe any balance remaining at the end of your plan.

Should I wipe out my 401(k) plan to pay off my debts?

No. Tax-exempt retirement accounts like 401(k)s, 403(b)s and state teacher retirement systems, along with private pensions, IRAs and Roth IRAs are exempt from bankruptcy. The court will not take your retirement accounts to pay off your debts, and you shouldn’t give up your future financial stability.

You may have other questions about bankruptcy. Don’t hesitate to ask an experienced bankruptcy attorney how the process works, what property is exempt, and what you can expect to pay in a Chapter 7 or Chapter 13 bankruptcy.

What You Must Know About Elderly Guardianships

Tue, 14 Jul 2020 16:09:00 GMT

The legal elderly guardianship relationship is created when an Ohio court appoints someone to care for an older person who can no longer care for themselves. The older person is known as the ward.

Why would a person require a guardian?

Sometimes, an older person becomes unable to properly care for themselves. They may forget to take necessary medicines, neglect regular hygiene or become unable to manage their finances. In these cases, the court appoints a guardian to protect them.

How does the process work?

In Ohio, the ward in question, their domestic partner, spouse, friend, relative or a government agency can ask the court to appoint a guardian.

The guardianship process is sometimes complex and long. This is understandable, as it will impact the ward’s personal freedoms.

In Ohio, the process starts with the filing of a guardianship application in the ward’s county probate court. Next, a court investigator visits and assesses the ward.

The guardianship applicant must get an evaluation of the proposed ward from an expert, such as their doctor. Once everything is done, a hearing is held to decide whether the older person needs a guardian and if the proposed guardian is acceptable.

What are the guardian’s duties?

A guardian must put the ward’s interests first. They may have other responsibilities, such as choosing where the ward will live, preparing the ward’s budget and keeping the ward healthy.

Pros and cons of elderly guardianship

The main benefit of elderly guardianship is ensuring the ward receives proper care. Unfortunately, this is an expensive process which involves many steps. The ward loses some of their rights, and there’s always the risk the guardian will not fulfill their duties.

Because of the drawbacks involved, elderly guardianship is considered a last resort. Some alternatives include a living trust, in which the older person has someone else handle their finances, and a power of attorney, which allows the older person to give someone else power to act on their behalf.

Elderly guardianship is a serious obligation to take on. If you feel this is necessary to protect a loved one, learn as much as you can before you take formal action.

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Check Your Insurance Coverage

Resolve Outstanding Legal Issues

Prepare for the Year Ahead

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