Richard H. Nemeth, Attorney-at-Law
Over 30 years of bankruptcy law experience.
Frequently teaches other lawyers the intricacies of bankruptcy through continuing legal education lectures.
Member, Board of Directors, National Association of Consumer Bankruptcy Attorneys.
Mr. Nemeth is a current or former member of American Bar Association, the Ohio Bar Association, the Cleveland Metropolitan Bar Association, the National Association of Consumer Advocates, and the National Association of Consumer Bankruptcy Attorneys, for which he has been appointed the State Chair for the Northern District of Ohio. He is admitted to practice before all Ohio state courts, and the United States District Court for the Northern District of Ohio, the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court.
In 2007, Mr. Nemeth spearheaded an effort to reform Ohio’s exemption statute, which was one of the most restrictive in the nation. Mr. Nemeth participated in the drafting of the new law, was the lead-off witness before the Ohio Senate committee that considered the bill and a key witness before the House committee, and marshaled retired judges, a trustee, attorneys and others to support the bill as well. Mr. Nemeth received national recognition for his efforts in getting the bill passed against heavy odds and was named NACBA “Member of the Month” in July, 2008. The new law took effect September 30, 2008 and will save Ohio debtors billions of dollars in the years to come.
Mr. Nemeth has been a frequent speaker and author for local, regional and national continuing legal education seminars and also is frequently asked by the local and national media to comment on consumer bankruptcy issues. He has also testified in court as an expert witness on the subject of consumer bankruptcy law.
He was counsel or co-counsel in a number of first impression post-2005 bankruptcy reform act [BAPCPA] decisions out of the Cleveland Bankruptcy Court including In re Moon (in repeat filings, the stay expires only with regard to property of the debtor, not property of the estate); In re Crews (debtors may take ownership allowance for vehicles under means test even if they are not making a loan or lease payment), and In re Macklin (910 day vehicles may be crammed-down if in addition to financing the purchase price the loan covered negative equity, gap insurance or other items).
He has also been involved in a considerable amount of mortgage litigation, representing borrowers against loan originators, mortgage brokers, servicers and their law firms in stay and discharge violation, breach, fraud, civil conspiracy, truth-in-lending, RESPA violation, Fair Debt Collections Act violation and other litigation, in which he has won substantial settlements for his clients.
Prior to forming Nemeth & Associates Co, LPA, Mr. Nemeth was vice-president and general counsel of Royal Petroleum Properties, Inc., a Cleveland-based corporate syndicator of oil and gas limited partnerships, where he managed the operations and legal departments and the real estate holdings of the corporate parent and 65 affiliated limited partnerships.
Mr. Nemeth received a B.A. from Case Western Reserve University and a J.D. from Cleveland-Marshall College of Law.