COVID-19 Stimulus Payments Exempt from Execution
On April 13, 2020, Ohio Attorney General David Yost issued a notice in which he interpreted Ohio law as exempting from execution payments made under the Coronavirus Aid, Relief and Economic Security Act, H.R. 748, commonly known as the CARES Act. A copy of the notice is available here. The Attorney General’s notice is based upon Ohio Revised Code §2329.66(A)(12)(d) which exempts from execution payments made “in compensation for loss of future earnings of the person or an individual of whom the person is or was a dependent, to the extent reasonably necessary for the support of the debtor and any of the debtor’s dependents.”
Ohio Legislature Tolls SOL to July 30, 2020
HB 197 passed both chambers of the Ohio legislature on March 25. A provision tolls causes of action “set to expire between March 9, 2020, and July 30, 2020” in civil cases “as provided under any section in Chapter 2305. of the Revised Code, or under any other provision of the Revised Code that applies to the cause of action.” Hat-tip to Trudy Craig, Esq. of Unifund for providing background on the bill.
Ohio Supreme Court Recommends Temporary Stay of Garnishments
On March 20, the Supreme Court of Ohio issued “Guidance to Local Courts” recommending they “temporarily stay the filing and enforcing of any garnishment actions or orders.” A copy of the bulletin is available here.
Ohio Closes Non-Essential Businesses, Orders Persons to ‘Stay at Home’
On March 22, the Ohio Department of Health issued a “Stay at Home Order.” The order directs all “individuals currently living” in Ohio to stay at home except under limited circumstances. The order also requires “all businesses and operations” within Ohio to “cease all activities within the State except for “Minimum Basic Operations.”
Minimum Basic Operations are:
The minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions.
The minimum necessary activities to facilitate employees of the business being able to continue
While engaged in Minimum Basic Operations, persons must comply with Social Distancing Requirements. Social Distancing Requirements include maintaining six foot distance from other individuals, frequent hand washing with soap and was for twenty seconds or the use of had sanitizer, “covering coughs or sneezes (into the sleeve or elbow, but not hands),” regular cleaning of “high touch surfaces,” and no hand shaking. The order is available here.
United States District Court for the Northern District of Ohio
Courts are closed to the public. The court’s order is available here.
US Bankruptcy Court for the Southern District of Ohio
The courts has several orders that can be found here.