AREAS OF PRACTICE
McLeskey Law Offices concentrates its practice in the area of creditor’s rights. This office is licensed in the states of Ohio, Kentucky and West Virginia and all the federal courts in each of those states. In each of these states McLeskey Law Office handles a high volume in the following areas:
Collections and Litigation
Waymon B. McLeskey II has been practicing commercial and consumer collection law nearly 30 years.
He has represented numerous banks, financial companies, credit unions, debt buyers and other creditors in collection work.
These cases typically involve a breach of contract or other violation of the
underlying obligation. In most cases, the actions have resulted in the filing of a law suit.
In contested cases, McLeskey Law Offices seek to file motions for summary judgment if possible.
If it is not possible and the case cannot be settled,the case goes to trial. Waymon B. McLeskey II has tried hundreds of
cases and is very successful.
Once a judgment is obtained, McLeskey Law Office initiates post judgment action including but not limited to garnishments,
executions, judgment debtor examinations and foreclosure of judgment liens.
Bankruptcy
McLeskey Law Offices represents secured and unsecured creditors in Chapters 7, 12, 13, and 11 in bankruptcy.
In Chapter 7 the goal is to enter into a reaffirmation agreement or take steps to recover the collateral for the benefit of the creditor. In Chapters 12 and 13, there is an analysis of the specific plan and steps taken to protect the creditors rights which can result in the filing of objections to confirmation. In the Chapter 11 setting, McLeskey Law Offices will enter its appearance,
file motions to obtain adequate protection for its secured creditor clients and review the disclosure statement and plan for compliance with the provisions of the Bankruptcy Code.
In each chapter, McLeskey Law Offices files and litigates contested motions and objections.
In addition to the above types of cases, McLeskey Law Offices also prosecutes and defends adversary proceedings.
McLeskey Law Offices files actions seeking to determine the dischargeability of particular indebtedness in cases where the debtor’s actions and conduct may result in non-dischargeable debts. McLeskey Law Offices defends cases where trustees and debtors have attempted to take action against its clients for preferences and other issues.
Foreclosures
McLeskey Law Offices files actions to foreclose both residential and commercial properties in all three states.
Kentucky and Ohio are judicial states, meaning that a foreclosure complaint must be filed and service obtained to accomplish the objective.
West Virginia, on the other hand, is a non-judicial state and disposition of real estate is done without any court or governmental involvement.
The procedure in West Virginia takes much less time to complete than those in Ohio and Kentucky.
McLeskey Law Offices began doing significant foreclosure work over ten (10) years ago and the volume thereof has risen significantly since that time.
Significant Decisions
Huntington National Bank v Elkins, 43 Ohio App.3d 64 (Franklin County, 1987)
Bank One, Dayton N.A., v Doughman, 59 Ohio App.3d60 (Hamilton County, 1988)
In re Diaz 97 B.R. 903 (Bankr. S.D. Ohio 1989)
In re: Davis 101 B.R. 505 (Bankr. S.D. Ohio 1989)
Logan v. Bank America Housing Services (In Re DeLong), 273 B.R. 141 (Bankr. S.D. Ohio, 2001)
In re Sparks 346 B.R. 767 (Bankr. S.D. Ohio 2006)
In re Vagi 351 B.R. 881 (Bankr. N.S. Ohio 2006)
In re McFall 356 B.R. 674 (Bankr. N.D. Ohio 2006)
In re Cross 376 B.R. 641 (Bankr. S.D. Ohio 2007)
First Bank v. Wigfield, 2008 Ohio 1278 (Franklin County 2008)
Noland v. HSBC Auto Finance, Inc., 393 B.R. 561 (Bankr. S.D. Ohio 2008)
New Falls Corporation v. Seitz, 2008 Ohio 6514 (Franklin County 2008)
Mr. McLeskey received his J.D. from Ohio Northern University and also attended
law school at Emanuel College, Cambridge, England through the University of Richmond
(Va.) law school in the summer of 1980. Mr. McLeskey received his B.A. in history from Yale University in 1976 and
his A.M. in history from Brown University in 1977.
Mr. McLeskey became licensed to practice in all courts in the state of Ohio in 1981 and in the U.S. Courts for the Southern and Northern District
of Ohio in 1982 and 1990 respectively. He became licensed to practice in the Sixth Circuit Court of Appeals in 2001 and in all the courts, including the
federal courts in the states of Kentucky and West Virginia in 2004 and 2006 respectfully.
Mr. McLeskey’s practice concentrates in the area of creditor rights, including foreclosures, replevins, consumer/commercial collections, domestication of foreign judgments, reviver of dormant judgments, bankruptcy representation of creditors, insurance subrogation, workouts,
and consumer/commercial litigation. He also practices in the areas of probate and estate planning.
He is an active member of the St. Mark’s Episcopal Church, Tri-Village Sertoma and the Athletic Club of Columbus.