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Seventh Circuit Court of Appeals Reaffirms the Necessity of Adhering to the Bankruptcy Code Text

Posted by: Nicholas D. Strom on July 15, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On July 6, 2020, the United States Court of Appeals for the Seventh Circuit (which covers appeals from federal courts in Indiana, Illinois and Wisconsin) handed down the third in a series of decisions related to Chicago debtors seeking chapter 13 bankruptcy protection in order to avoid or defer...


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Reminder: Post-Judgment Interest on Indiana State-Court Judgments Tolled Until August 15, 2020

Posted by: C. Daniel Motsinger on July 15, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

This is a reminder that pursuant to the March 23, 2020 Order and the May 29, 2020 Order Extending Trial Courts’ Emergency Tolling Authority and Setting Expiration of Other Emergency Orders issued by the Indiana Supreme Court, the Court ordered that “no interest shall be due or charged during...


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Indiana Moratorium on Residential Property Evictions and Mortgage Foreclosures Will Continue Through the End of July 2020

Posted by: Nicholas D. Strom on July 6, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On June 30, 2020, Indiana Governor Holcomb issued Executive Order 20-33, extending his March 6th Executive Order (Executive Order 20-02). Of special importance for lenders, Executive Order 20-33 extended the prohibition on residential property evictions and mortgage foreclosures to July 31,...


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CFPB Aims to Ease Servicer Loss Mitigation Efforts and Encourage Small Dollar Loans with New No-Action Letter Templates

Posted by: Alexander E. Porter on June 29, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In an effort to ease loss mitigation efforts for servicers and assist struggling consumers, The Consumer Financial Protection Bureau (“CFPB”) issued two No-Action Letter (“NAL”) Templates on May 22, 2020.[1] NALs are issued by the CFPB in response to NAL applications submitted by lenders,...


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A Bankruptcy Court Weighs In: Do Force Majeure Clauses Excuse Commercial Tenants from Paying Rent?

Posted by: Alexander E. Porter on June 24, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Almost immediately after governors issued stay-at-home orders and the President declared a National Emergency to combat COVID-19, attention turned to the force majeure clauses often found in commercial leases and insurance policies. Now, some three months’ worth of quarantine later, courts are...


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Eviction and Foreclosure Moratoriums Extended to August 31, 2020 for Federally-Backed Mortgages

Posted by: Alexander E. Porter on June 18, 2020

On June 16, 2020, the Federal Housing Finance Agency (“FHFA”) announced that government-sponsored entities Fannie Mae and Freddie Mac will extend their single-family moratoriums on evictions and foreclosures until at least August 31, 2020.[1] This extends the previously-issued moratoriums, which...


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Changes are Coming to the Indiana Consumer Credit Code - Are you Ready?

Posted by: Brett J. Ashton on June 16, 2020

Earlier this year the Indiana General Assembly passed, and Indiana Governor Eric Holcomb signed into law, Senate Enrolled Act 395 (“SEA 395”) amending several provisions of the Indiana Uniform Consumer Credit Code (the “IUCCC” or the "Code”). For some financial institutions the impact of these...


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