Small claims litigants may recall that Governor Holcomb took similar action last year when he raised the cap from $6,000 to $8,000. Effective July 1, 2021, this amount was again increased to $10,000 across the entire state of Indiana.Read More
The automatic stay, which comes into effect upon the debtor’s bankruptcy filing without the need for any court order, gives debtors a break by immediately halting all collection efforts and foreclosure actions. The automatic stay has been and continues to be one of the fundamental debtor protections provided by bankruptcy law. However, numerous questions remain...Read More
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.Read More
When does omission become a lie? Is it still lying if you don’t actually make any false statements? Consider the same in the context of fraud. Fraud by omission is still fraud, as recently held by the Supreme Court of the United States. Previously, the courts required some affirmative “lie” or misrepresentation to a creditor...Read More
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...Read More
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...Read More
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....Read More
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...Read More
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,...Read More
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...Read More
