Practice Areas
State Court Collection Matters
The legal process for collecting money from a judgment defendant on behalf of a creditor. Once a judgment is obtained there are multiple ways of recovering the money due including, but not limited to: garnishment of wages; attachment of a bank account; examination in person of the judgment defendant’s assets; creditor’s bill; and other remedies.
Real Estate Foreclosure
Representation of creditors in foreclosure matters by initiating foreclosure actions and obtaining judicial judgments and sale of real property, statewide, in Ohio, Kentucky, Indiana, Illinois, Michigan and Alabama. This also includes representation of creditors in foreclosure litigation and mediation.
Creditor-Side Bankruptcy Representation
Representation of creditors in bankruptcy matters including filing for relief from the bankruptcy stay, preparing and filing proofs of claim, reviewing and filing objections to plans of reorganization, and much more; including many matters in all 94 Federal Bankruptcy Jurisdictions. This also includes representation of creditors in bankruptcy litigation, often referred to as an adversary proceeding.
Replevins
Lawsuits filed in state court which enable a person or business to get back (recover) personal property taken wrongfully or unlawfully – to include failing to pay a creditor for the personal property – pending a final determination by the court. Replevins are widely used when a person fails to make a payment on a vehicle and the creditor seeks to recover the vehicle through this legal process.
Business Formation & Transactions
Review and determination of the best structure for a new or existing business. After careful review, preparation of the necessary paperwork that gets filed with the Secretary of State and also preparation of the corporate paperwork for the operation of the business. Additional documents that can be prepared are Annual Meeting Minutes, Special Meeting Minutes, Corporate Resolutions, Shareholder Certificates and more. As a final piece of incorporating your business, we are able to obtain your Federal Tax Identification Number from the IRS.
Eviction Actions
Legal process for removal of a tenant from property by a landlord, mortgagee or note holder. This may also involve the removal of persons from a property that was foreclosed.
Pre-Purchase Document Review
Thinking of purchasing a note or piece of property and would like an attorney to review that? Our firm can assist with this and will work with you to acquire the necessary documentation to aid in your determination of whether or not to proceed with the purchase.
Real Estate Transactions
Preparation and drafting of such real estate documents as a deed, mortgage, assignment, note, land contract and more.
Law Updates
- 8/3/15 - In Re Jones - 6th Circuit Opinion (KY) upholding Till
- 8/24/15 - In Re Leiba - ED of NY - summons served at 341 Meeting of Creditors
- 2/3/16 - Glenn v. Cavalry Investments, LLC - ND of IL - Rejection of Crawford v. LVNV from the 11th Cir.
- 10/27/16 - REMINDER: Private vs. Public Tow Zones in Ohio
- 9/6/17 - Afewerki v. Anaya Law Group - Court of Appeals, 9th Cir. - Overstatement of Balance and Interest Rate is FDCPA Violation
- 11/26/17 - In Re Medina - Northern District of Illinois - Determination that Wedding Ring is "necessary wearing apparel” under the Illinois exemption. 735 ILCS 5/12-1001(a)
- PTFA Blast 5-31-18
- 6/26/18 - Defective Instrumenets in Ohio and the Possible Retroactive Application of the Curing Period
- 6/26/18 - 3rd Circuit Court of Appeals Decision Regarding the "Discovery Rule" in FDCPA cases
- 8/2/18 - Ohio Land Contract Bill - What does it mean?
- 8/3/18 - Illinois Amendment Clarifying Student Loan Servicers
- 1/23/19 - Ohio Law Affecting Mortgage Servicers
- 2/5/19 - FDCPA Clarification - 6th Circuit
- 5/28/19 - Ohio House Bill 103 (Update/Replacement to Ohio House Bill 368)
- 7/5/19 - City of Chicago and Impounded Vehicles in Chapter 13 Cases
- 3/24/2020 - COVID-19 Update - What some Courts are doing and how Sottile & Barile is responding (YouTube Podcast link)
- 12/11/2020 - Consumer Bankruptcy Reform Act of 2020
- 2/18/21 - Indiana House Enrolled Act 1056
- 6/26/22 - The Unintended Filing Bar - Don't Ignore MFR on Surrendered Property
- 8/28/22 - An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes
- 1/26/2023 - U.S. Bank Trust National Association as Trustee of the Tiki Series IV Trust v. John A. Richardson AKA John Allan Richardson, et al., 7 Dist. Mahoning No. 21 MA 0093, 2022-Ohio-4753
- 1/26/2023 - U.S. Bank Trust National Association as Trustee of the Lodge Series III Trust, 10 Dist. Franklin No. 21AP-576, 2022-Ohio-4590.
Meet The Attorneys
Franco Barile
Franco was licensed as an attorney in 2006 after graduating from Thomas M. Cooley Law School with a Juris Doctorate and from John Carroll University with a Bachelor of Arts in Political Science. Upon graduating and passing the Ohio Bar, Franco began working for a large firm in the Northeast Ohio area. Franco honed his skills as an attorney handling a variety of real estate foreclosure issues, collection matters, title issues and transactional work during the years since he was first licensed and eventually opened Sottile & Barile, Attorneys at Law in 2015.
Franco maintains state bar licenses in Ohio and Michigan and federal licenses in the Northern District of Ohio and the Eastern and Western Districts of Michigan. Franco is a member of both the Ohio and Michigan State Bar Associations.
Tony Sottile
Tony was licensed as an attorney in 2002 after graduating from Ohio Northern University, Pettit College of Law with a Juris Doctorate and from Transylvania University with a Bachelor of Arts in Business Administration. Upon graduating and passing the Ohio Bar, Tony began working for a national firm representing consumer debtors and small businesses in Chapter 7 and 13 bankruptcies. In 2006, Tony began working for a firm specializing in representing creditors. Since then, Tony has handled matters pertaining to bankruptcy, real estate foreclosure, eviction and more and in 2015, he opened Sottile & Barile, Attorneys at Law.
Tony is licensed in the States of Ohio, Kentucky and Indiana as well as in the Federal District Courts of Ohio, Kentucky, Indiana, Michigan and Illinois. Tony is a member of the Ohio, Kentucky and Indiana State Bar Associations, the Cincinnati Bar Association and the National Association of Chapter Thirteen Trustees (NACTT).
Jon Lieberman
Jon earned his undergraduate degree and Juris Doctorate from the University of Cincinnati College of Law and began practicing law in 1992. During his storied tenure in the legal community, Jon has represented consumer debtors, commercial debtors, large and small creditors, mortgage lenders and servicers, automobile creditors, student loan creditors as well as Chapter 7 and 13 Bankruptcy Trustees. He has worked for some of the largest creditor firms in the region and in 2016, Jon brought his experience to Sottile & Barile, Attorneys at Law.
Jon is licensed in the States of Ohio, Michigan and Kentucky and maintains Federal licenses throughout Ohio, Kentucky, Indiana, Michigan, Illinois, Colorado, Wisconsin and the District of Columbia. Jon is also able to practice in front of the 6th Circuit Court of Appeals, the U.S. Court of International Trade and the U.S. Supreme Court. Jon currently serves as an Associate Editor of the American Bankruptcy Institute (ABI) Journal and is a member of a variety of committees and bar associations. He was named Partner with the Firm in 2020.
Dennis V. Ferguson
Dennis obtained his Bachelor's of Science degree from Indiana State University and earned his Juris Doctorate from the University of Seattle in Washington. Dennis brings over 30 years of legal experience in the mortgage default arena and is widely known as a problem solver using both a common sense and practical approach to serve his clients.
Dennis has worked for several regional and national firms in his storied career and began his partnership at Sottile & Barile, Attorneys at Law in 2022.
Dennis enjoys the fast pace of default work and has developed policies and procedures to ensure compliance with client’s expectations and completing milestones with a sense of urgency.
Dennis is licensed in the States of Indiana and Alabama as well as throughout all Federal Jurisdictions in both states. Dennis is a veteran of the United States Army serving as an enlisted soldier and again as an officer in the U.S. Army JAG Corps.
Michael Lubes
After receiving his Bachelor of Science degree in Chemistry from the State University of New York at Cortland, Michael spent seven years in the United States Navy as a Naval Flight Officer – including two deployments to the Persian Gulf. After separating from the Navy, Michael obtained a Master of Arts degree in Political Science from the University of New Orleans. He then became a Special Agent in the Federal Bureau of Investigation assigned to the Dallas, Texas Field Office. After moving to Cincinnati, Ohio, Michael enrolled in, and graduated from, the Salmon P. Chase College of Law at Northern Kentucky University - obtaining his Ohio law license in 2004.
Michael’s tenure as an attorney includes time spent as a Law Clerk for the Hamilton County Court of Common Pleas and stints with several consumer collections and defense firms prior to joining Sottile & Barile, Attorneys at Law in 2017. Michael was named Partner with the Firm in 2020.
Besides his Ohio law license, Michael is also licensed with the United States District Court for the Northern District of Ohio and in the State of Illinois.
Michelle D. Heinz
A life-long Cleveland equestrian, Michelle obtained her Bachelor of Science degree from Lake Erie College where she majored in Equine Facility Management with minors in Biology and Social Sciences. She graduated Magna Cum Laude as an Honors Scholar. While attending law school at the University of Akron - School of Law, Michelle held a variety of managerial positions with companies such as the Iconic Group and the Mandel JCC of Cleveland.
Michelle was admitted to the practice of law in the state of Ohio in May 2018, and briefly practiced as a solo practitioner before joining Sottile & Barile, Attorneys at Law. She is also licensed to practice law in the State of Indiana, having passed the bar in 2019. Michelle oversees the Collections practice in the Middleburg Heights, Ohio office and has extensive experience in post-judgment collection matters.
Michelle is a member of the Ohio Farm Bureau, the Ohio Horseman’s Council, and sits on the board of directors for CANTER Ohio.
Mary Spitz
Mary became a licensed attorney in 2009 after graduating from Saint Louis University School of Law with a Juris Doctorate and from the University of Illinois at Champaign-Urbana with a Bachelor of Arts degree. After obtaining her law license, Mary began her career at a large creditors rights firm and she has never looked back. Mary has worked exclusively in the field of creditors rights representing large and small creditors in all types of civil litigation. Mary also spent a period of time working in-house in the Default Litigation department of an Illinois-based mortgage servicer giving her an even greater perspective and understanding of the needs, hopes and wants of our clients.
Mary is licensed in the State of Illinois. Mary is a member of the Illinois State Bar Association, the National Creditors Bar Association, the Illinois Creditors Bar Association, and she has written multiple articles for national industry publications.
Anthony Schievelbein
Anthony was licensed to practice law in 2020, working briefly in intellectual property law. Anthony is currently licensed in the State of Ohio, and is a member of the Cleveland Intellectual Property Law Association.
Anthony graduated from Colorado State University Pueblo with a BS in Psychology with minors in leadership development, chemistry, and biology prior to earning his JD from the University of Akron School of Law, with certificates in litigation, intellectual property, and oil and gas law.
In addition to the practice of law, Anthony enjoys watching new sci-fi shows, playing new video games, and trying new restaurants with his partner.
Ethan Hill
Ethan earned his undergraduate degree from Case Western Reserve University and attended Cleveland State Marshall College of Law. That is where he received his Juris Doctor degree and began practicing law in 2012. Ethan’s previous employment introduced him to collection matters and real estate law. He has represented major banks in creditors rights actions throughout the states of Ohio, Michigan and Kentucky in matters like curing title issues, foreclosures and evictions.
Ethan is licensed to practice law in the States of Ohio Michigan and Kentucky. He is also admitted to practice in the United States District Court in the Northern and Southern Districts of Ohio.
Ethan serves as Senior Counsel for Sottile & Barile, Attorneys at Law and is responsible for directing and implementing state court legal processes in Ohio, Michigan and Kentucky.
Amro Mustafa
After successful completion of his undergraduate work, Amro earned his Juris Doctorate from the Chicago-Kent College of Law in Chicago, Illinois and was admitted to practice in the State of Illinois in November 2021.
After handling collection accounts and practicing a short while in the family law field, Amro joined the firm in 2022 as an associate attorney representing clients in collections and foreclosures matters. Amro handles cases from inception through final post-judgment enforcement. His passion for litigation enhances his skills in advocating for clients from various industries.
Amro is a member of the Illinois State Bar Association, Chicago Bar Association and the Illinois Creditor Bar Association. In addition to Illinois, Amro is also licensed in Indiana. In his spare time, Amro enjoys cooking and working out.
Joel Bornkamp
Joel was licensed in 2007 after graduating from The Thomas M. Cooley Law School with a Juris Doctorate and from Indiana University with a Bachelor of Arts in History, Criminal Justice, and Political Science. Upon passing the Indiana Bar, Joel began working as a Deputy Prosecuting Attorney in Southeast Indiana. Joel then completed a Federal Judicial Clerkship with the Honorable Stephanie K. Bowman, United States Magistrate Judge, for the Southern District of Ohio. In 2011, Joel began working for a law firm focusing on Creditors’ Rights which dealt with the protection of lenders, borrowers, and guarantors during the default of secured loans. His practice included serving as an advocate during the workout of under-performing loans; filing and defending lawsuits to enforce promissory notes, guaranties, and other written contracts; foreclosing mortgages and enforcing personal property security interests. Currently, in addition to the above, Joel’s practice also includes representing mortgage loan servicers and the corresponding trusts/investors in consumer finance litigation, including contested residential foreclosures, title insurance claims, regulatory violation cases and tax sale disputes.
Joel is licensed to practice in the States of Colorado, Indiana, Kentucky, Michigan, and West Virginia as well as in the United States District Court for the Northern and Southern Districts of Indiana and the United States District Court for the Southern District of West Virginia.
Molly Simons
Molly has been a licensed attorney since 2008 after graduating from Cleveland-Marshall College of Law, Cleveland State University. With an undergraduate degree in Hospitality Food Service Management from Kent State University, Molly is a unique attorney as she approaches the practice of law with a hospitality background. Client’s satisfaction is of the utmost importance to her.
Molly has been with the firm since 2018 and is licensed in the States of Ohio, Kentucky and West Virginia. Additionally, Molly is admitted to all federal jurisdictions in Ohio, Kentucky, Michigan, Indiana, Illinois, Wisconsin, Colorado, and West Virginia. She is a member of the Cincinnati Bar Association and is presently the Co-Chair of the Bankruptcy Committee. She is also presently serving on the Attorney Advisory Committee for the Southern District of Ohio Bankruptcy Court.
Perhaps her most important role is that of Mother to her two beautiful children who never fail to keep her busy and proud.
Dylan Dean Smith
Dylan brings problem solving techniques forged over his legal experience that translate seamlessly to the firm. He believes every issue can be resolved amicably and attempts to resolve problems to keep trust in the legal system.
Outside of work you can find Dylan playing with his Australian Shepherd, Wilson, and two Great Danes, Blue and Cookie. When not wrangling up the puppies he is spending time with his wife and children, as well as rooting for his St. Louis Cardinals and St. Louis Blues.
Main Corporate Office:
Sottile & Barile, Attorneys at Law
7530 Lucerne Drive, Suite 210
Middleburg Heights, Ohio 44130
Phone: 440.572.1511
Fax: 440-230-3280
Southern Ohio Office:
Sottile & Barile, Attorneys at Law
394 Wards Corner Road, Suite 180
Loveland, OH 45140
Phone: 513.444.4100
Illinois Office:
Sottile & Barile, Attorneys at Law
1415 West 22nd Street, Tower Floor
Oak Brook, IL 60523
Phone: 440.572.1511
Indiana Office:
Sottile & Barile, Attorneys at Law
450 E 96th St Suite 500,
Carmel, IN 46240
Phone: 440.572.1511
Contact Us
Areas of practice: State Court Collection Matters, Real Estate Foreclosure, Creditor-Side Bankruptcy Representation, Replevins, Garnishments, Real Estate Transactions, Eviction Actions, Pre-Purchase Document Review, Business Formation and Transactions