Category

Debt Collection
The cap on small claims disputes in Indiana will increase from $6,000 to $8,000 beginning July 1, 2020, granting more parties access to the less expensive, more straightforward small claims court process.
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Indiana Order Aims to Protect Individual Stimulus Payments from Private Creditors; Financial Institutions Should Carefully Review Judgement-Debtors' Accounts
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Pursuant to federal legislation enacted by Congress in 2015, the IRS announced today that it will begin collecting unpaid taxes through private collection agencies. Specifically, the IRS has announced that it will be contracting with the following companies for collection purposes: CBE Group, 1309 Technology Pkwy., Cedar Falls, IA  50613 Conserve, 200 CrossKeys Office Park,...
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The U.S. Bankruptcy Court for the Southern District of Indiana recently held that a limited liability company could not terminate a member’s voting rights in the company during the member’s bankruptcy case, without first seeking relief from the automatic stay. When a bankruptcy petition is filed, the Bankruptcy Code automatically imposes a stay that prohibits...
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In Rogan v. U.S. Bank, N.A. (In re: Partin), Adv. No. 14-5015 (E.D. Ky., Sept.9, 2014), a bankruptcy case in the Eastern District of Kentucky, the bankruptcy trustee sought to avoid three mortgages filed on the debtor’s property in Jessamine County.  The trustee argued that the mortgages were invalid because the bank had not properly...
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According to figures released on April 24, 2014, by the United States Bankruptcy Courts, bankruptcy filings in the Southern District of Indiana, Southern District of Illinois and Western District of Kentucky were down an average of 9% during the 12-month period that ended March 31, 2014,  compared to the previous 12-month period that ended March 31, 2013....
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Most doctors, dentists and other healthcare providers have patient accounts with balances of a few thousand dollars or less on which they struggle to collect payment from their patients. Providers often send demand letter after demand letter, but to no avail. Afraid of the cost and time involved in pursuing a legal remedy, including fear...
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Michael E. DiRienzo, a Partner at KDDK, will chair a panel discussion as part of the Creditors’ Session of the Bi-Annual Southwestern Indiana Bankruptcy Conference. Presented by the Evansville Bar Association’s Business and Commercial Law Section, the Conference will be held on Wednesday, February 19, 2014, at the Evansville Teachers Federal Credit Union Phipps Center,...
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Kahn, Dees, Donovan & Kahn, LLP (KDDK) has hired Patrick C. Thomas as an associate attorney.  He was sworn in during an Admission Ceremony held today in Indianapolis. Patrick C. Thomas (Pat) has joined KDDK as an associate and serves on the firm’s Litigation and Trial Services practice team.  Pat is licensed to practice law...
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Earlier this year, the Indiana Legislature amended and added Section 4 to Indiana Code 32-29-8.  The addition of Section 4 is important to many groups, including banking institutions, purchasers at sheriff sale, and junior lienholders.  It provides these parties a statutory remedy to clear title when a purchaser at sheriff sale and/or plaintiff mortgagee learns...
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