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Creditors’ Rights and Bankruptcy
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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On May 29, 2012, the U.S. Supreme Court issued a unanimous opinion Radlax Gateway Hotel, LLC v. Amalgamated, rejecting a Chapter 11 bankruptcy debtor’s plan which proposed to sell their property free and clear of the Bank’s liens and repay the Bank with the sale proceeds, but failed to permit the Bank to credit-bid at...
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