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Seventh Circuit Confirms that the Bankruptcy Code Expressly Subordinates a Seller's Reclamation Claim to the Prior Rights of a Secured Creditor

Posted by: C. Daniel Motsinger and on February 20, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In Whirlpool Corp. v. Wells Fargo Bank, National Association (In re hhgregg, Inc.), (7th Cir. Feb. 11. 2020), the United States Court of Appeals for the Seventh Circuit held that the current enactment of the United States Bankruptcy Code (the “Bankruptcy Code”), specifically 11 U.S.C. §546(c),...


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Indiana Supreme Court Rejects Imposition of “Rule of Reasonableness” on the Statutes of Limitations Applicable to a Lender's Pursuit of a Defaulted Mortgage Installment Promissory Note

Posted by: C. Daniel Motsinger and on February 20, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In a pair of decisions issued February 17, 2020, the Indiana Supreme Court ruled in favor of lenders in issuing guidance regarding the statutes of limitations applicable to a lender’s pursuit of a defaulted promissory note and a defaulted mortgage.

In Blair v. EMC Mortgage, LLC, the Indiana...


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Seventh Circuit Confirms That Under Illinois Law, Reference in Financing Statement to Parties' Security Agreement is Sufficient to Perfect Secured Creditor's Lien on Debtor's Collateral Described in Security Agreement

on September 30, 2019

In In re I80 Equipment, LLC, No. 18-3291 (7th Cir. Sept. 11. 2019), the United States Court of Appeals for the Seventh Circuit held that under Illinois’ enactment of Revised Article 9 of the Uniform Commercial Code (“UCC ”), “the UCC allows a financing...


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Krieg DeVault Authors Indiana Chapter of The Secured Finance Network Compendium of Secured Finance Law

Posted by: C. Daniel Motsinger and on September 26, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements
Krieg DeVault LLP is proud to announce the publication by the Secured Finance Network (formerly the Commercial Finance Association) (“SFNet”) of The Secured Finance Network Compendium of Commercial Finance Law, of which Krieg DeVault authored the Indiana...

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New Bankruptcy Code Amendments Change Legal Landscape for Creditors

Posted by: C. Daniel Motsinger and on September 9, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On Friday, August 23, 2019, the President signed into law the first major amendments to the United States Bankruptcy Code since 2005. These promise to change the legal landscape for creditors.

H.R. 2336, the “Family Farmer Relief Act of 2019,” which is effective immediately, updates chapter...


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An Amended and Restated Loan & Security Agreement Should Expressly So State If It Is Not Intended As a Novation

on April 3, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The United States Court of Appeals for the Sixth Circuit (the “6th Circuit”) in Bash v. Textron Fin. Corp. (In re: Fair Fin. Co.), 834 F.3d 651 (6th Cir. 2016), held that an amended and restated loan and security agreement (“Amended Loan Agreement”) may have been a novation of the original loan...


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FFIEC to Promote Awareness of Potential LIBOR Changes; December 6 Webinar Will Discuss Market Developments, Risks

on November 30, 2018

The Federal Financial Institutions Examination Council (FFIEC) will hold a webinar on December 6, 2018, to promote awareness and understanding of efforts to develop alternative reference rates to LIBOR because of the uncertainty as to continued availability of LIBOR after 2021.

The December...


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