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Indiana Secretary of State UCC Division Online Filing and Search Services Temporarily Unavailable

on September 20, 2016

Please be advised the online UCC searching and UCC filing capabilities on the Indiana Secretary of State’s (SOS) website have not been fully functional since September 8, 2016, and such services have been completely unavailable since September 12, 2016.  Traditional paper searches and filing...

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Recent Indiana Decision Reaffirms Priority of Purchase Money Mortgages

Posted by: C. Daniel Motsinger on February 25, 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements
The Indiana Court of Appeals recently reaffirmed that purchase money mortgages enjoy priority over other types of nongovernmental liens on real property. In Amici Resources, LLC v. The Alan D. Nelson Living Trust, (January 19, 2016), the Court of Appeals faced a priority battle between a...

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Recent Supreme Court Decision May Shift Balance Of Power In Bankruptcy Cases

Posted by: C. Daniel Motsinger on December 18, 2015

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In Bullard v. Blue Hills Bank, ___U.S.___, 135 S. Ct. 1686, 191 L.Ed.2d 6221, 83 USLW 4288, 2015 WL 1959040 (May 5, 2015), the Supreme Court of the United States unanimously held that a bankruptcy court's order denying confirmation of a debtor's proposed chapter 13 plan is not a final order that...

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Waiver of Suretyship Defenses - Not a Sure Thing?

Posted by: Nicole R. Finelli on December 2, 2015

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A “surety” is generally known as one who agrees to be liable for the debts or contractual obligations of another. Lenders and borrowers often rely on sureties to act as guarantors to assure or guaranty that a borrower will fulfill its obligations to the lender. Sureties may be required to pledge...

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