Category

Creditors’ Rights and Bankruptcy
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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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...
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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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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. The corporate shield, however, is a great frustration to creditors...
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