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Richard H. Nemeth

Richard H. Nemeth

Nemeth & Associates Co. LPA
526 Superior Avenue NE
Cleveland, OH 44114-1984

Phone: (216) 502-1300  |  Fax: (216) 502-1301
http://www.nemethandassociates.com

Contact Richard H. Nemeth

Helping people & firms in financial distress since 1986

Legal Topic

Bankruptcy

Preferred New Clients

Consumer and small business Chapter 7, 11 and 13.

Sub-Categories

Bankruptcy
  • Chapter 13
  • Chapter 7
  • Chapter 11
  • Business Bankruptcy
  • Personal Bankruptcy
  • Foreclosures

Bar Admissions

OH, Aug 1984
Bar Number: 0007392

Other Court Admissions

Ohio, North District Ohio Federal, Sixth Circuit Federal

Association Memberships

Ohio Bar Association, Cleveland Bar Association

Continuing Education

Information coming soon.

Papers and Publications

Effective Representation of Chapter 13 Debtors, Cleveland Bar Association CLE program, 2004; Representing Chapter 13 Debtors after Bankruptcy Reform; Cleveland Bar Association CLE program, 2005 (co-chair); Chapter 13 Debtor Representation; Lorman Continuing Education Seminars, November, 2005 and November, 2006; Chapter 13 and Individual Chapter 11 Cases (co-author); William O'Neill Regional CLE Institute, 2006; An Introduction to Chapter 13, National Business Institute Seminar, 2007; Effective Chapter 13 Debtor Representation; Cleveland Bar Association CLE program, 2007.

Example Cases

In re Crews (2007) - established extent of vehicle expense allowances under bankruptcy "means test" in Northern District of Ohio. In re Moon (2006) - established important limitations on stay termination in repeat filing situations in the Northern District of Ohio after enactment of BAPCPA. In re Macklin (2007) - addressed availability of vehicle loan "cram down" for 910 day loans in Chapter 13 cases where negative equity and other finance add-ons were included in financing transaction.

Education

Degree:

Juris Doctorate

School:

Cleveland Marshall College of Law

City:

Cleveland

State:

OH

Year:

1984

 

Degree:

B.A.

School:

Case Western Reserve University

City:

Cleveland

State:

OH

Year:

1977

Number of Attorneys

3

State Licensed In

Ohio

Firm Focus and History

I established the firm in 1986 in Cleveland. We represent consumer and small business debtors in Chapter 7, 11 and 13 proceedings. We also represent debtors with claims arising under the Truth-in-Lending Act, the Fair Debt Collection Practices Act, and from abusive and predatory lending and collection practices.

Previous Employment Summary

Prior to forming the firm, I was the Vice-President and General Counsel of Royal Petroleum Properties, a corporate syndicator of oil and gas limited partnerships. I was also General Counsel for 65 limited partnerships affiliated with the corporation. Prior to joining Royal Petroleum, I was in law school, at which time I was selected to serve as a legal intern for the City of Cleveland Law Department where I was responsible for prosecuting misdemeanor offenses before the Cleveland Municipal Court. I conducted 21 trials and obtained 17 convictions prior to graduating from law school.

Activities and Awards

In 2007, I was appointed State Chair for the Northern District of Ohio for the National Association of Consumer Bankruptcy Attorneys (NACBA), and continue to serve in that capacity. I am a frequent contributing author and speaker on issues relating to consumer bankruptcy law at local, regional and national continuing legal education programs. I have also testified as an expert witness in the field of consumer bankruptcy law.

What is your opinion regarding clients educating themselves on legal issues?

A well-educated client is a better client because they appreciate the complexity of the issues in every consumer bankruptcy case and are better able to respond to requests for information important to the successful prosecution of their case.

Are you willing to review documents prepared by clients?

I am happy to do so, but would charge my standard fee. In order to maintain the financial viability of my law firm, I must ensure that our time is generates the fees needed to cover our overhead and expenses.

Are you willing to coach clients who want to represent themselves?

I am happy to do so, but would charge my standard fee. In order to maintain the financial viability of my law firm, I must ensure that our time generates the fees needed to cover our overhead and expenses.

Why did you decide to be a lawyer?

I always enjoyed academics and wanted to be a professional. I lived in Boulder, Colorado for several years in the late 70s and was recruited by friends to be a witness actor in the moot court program at the University of Colorado. I really enjoyed that experience and, after attending some guest speaker lectures there, decided to go to law school. I enjoy helping people with their problems and the intellectual challenge of going head-to-head with lawyers representing my clients' adversaries.

What work experience and education helps you be a better lawyer?

Being an officer and general counsel of an oil and gas company and its affiliated limited partnerships during a time when the industry was undergoing major financial challenges gave me a tremendous amount of experience in the areas of business law, debtor/creditor relations, and ultimately bankruptcy. Every conceivable issue related to financial distress seemed to present itself during those times. Also, I have recently been involved in efforts to get new laws passed that are more favorable to debtors and consumers in general both at the state and Federal levels. This work has given me a better insight into how and why anti-consumer and anti-debtor legislation gets passed and what must be done to overcome such laws.

Why did you decide on your primary area of practice?

I enjoy working with economic enterprises, whether they are household units or larger business concerns. I enjoy developing financial and legal strategies that help my clients achieve financial independence. I also believe that the lending industry is out of control, particularly in Ohio, and is harming working families while the legislature turns a blind eye.

What do you like best about your career?

Helping my clients. Achieving good results.

Tell us about your law firm:

I am the principal of the firm and meet with all clients directly. I direct the course of each client's case and develop the strategies. An associate attorney, Rochelle Paley, attends many of the hearings and does much of the follow-up legal work. I conduct all trials and evidentiary hearings. We also have a paralegal who does an excellent job of document preparation and filing; a third attorney, Barbara Andelman, who assists with marketing, research and other miscellaneous tasks, and an "of counsel" attorney, Kathy Harlow, who works out of the office on Fair Debt Collection Practices Act violation issues.

What are your strengths and style?

I am knowledgeable, direct and highly regarded by my peers and the bench. I get to the bottom line efficiently and effectively.

Personal Interests:

Skiing, blues guitar, physical fitness.

Office Manager/Assistant

Peggy Steward

Fax

(216) 502-1301

Office Hours

Monday through Friday
8:30 am to 5:00 pm

Emergency After Hours

Yes

Foreign Languages

No.

Fixed-Price Services and Fees

Only for standard consumer Chapter 7 bankruptcy proceedings, for which we currently charge $950 for attorneys fees. The client must also pay court costs of $299 plus $35 for expenses. Chapter 11 and 13 cases are charged by the hour and are paid from the confirmed plans. We currently charge $950 as a retainer for a standard consumer Chapter 13 proceeding, plus additional fees as set forth above, although the court costs are $274.

Hourly Rates

Currently $250.

Free Initial Consultation?

Yes. One half hour.

Typical Retainer

Currently $950 for standard consumer Chapter 7 or 13 proceedings, plus the other expenses set forth above. $2,500 minimum for consumer litigation cases.

Understanding Fees

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