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Creditors’ Rights and Bankruptcy

Big Change to Small Claims Statute: Business Owners and Private Litigants Should be Pleased

On March 21, 2020, Governor Holcomb signed into law House Bill 1313, which raises the cap on small claims disputes. Currently in most Indiana counties, litigants can only file a lawsuit in small claims court if the amount in dispute is less than $6,000. Effective July 1, 202...

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SCOTUS Clarifies “Actual Fraud” Bankruptcy Exception; Companies Should Take Utmost Care in Managing Assets

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...

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Termination of Bankrupt Member’s Interest in LLC Violates Automatic Stay

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, t...

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Kentucky Banks: How do your forms fare?

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 we...

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Statistics Show Decline in Local Bankruptcy Filings

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 Illin...

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Healthcare Providers Take Note: Suing Debtors in Small Claims Court Just got A Little Easier

Most doctors, dentists and other healthcare providers have patient accounts with balances of a few thousand dollars or less on ...

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KDDK Welcomes New Attorney Patrick C. Thomas

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. [caption id="attachment_7018" align="alignleft" width="195"]Read More

Indiana Creates a New “Strict Foreclosure” Statute

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 whe...

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Collecting Corporate Debt by Piercing the Corporate Veil

A primary reason for creating a corporation to conduct business is to shield corporate shareholders from personal liability for the corporation’s acts and debts. This corporate shield is of obvious benefit to shareholders, allowing them to freely invest in an enterprise while limiting their risk. Th...

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