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Indiana Expedites Implementation of Remote Notary Statute - Part I

on March 30, 2020

In response to social distancing mandates, the Indiana Secretary of State has expedited the implementation of Indiana’s previously adopted remote notarial act statute. The statute would not have become effective until July 1, 2020 but is now effective March 31, 2020.  Active Indiana notaries may...


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The CARES Act: Creditors' Rights & Bankruptcy

Posted by: Nicholas D. Strom and C. Daniel Motsinger on March 27, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On March 25, 2020, the United States Senate – and on March 27, 2020, the United States House of Representatives – passed the “Coronavirus Aid, Relief and Economic Security Act” (“CARES Act”) to provide relief to small businesses and consumers harmed by the COVID-19 pandemic. The CARES Act is...


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Indiana Court of Appeals Expands De Facto Merger Exception to the General Rule Regarding Corporate Liability for Debts

Posted by: C. Daniel Motsinger on March 9, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On March 2, 2020, in New Nello Operating Co., LLC v. CompressAir, the Indiana Court of Appeals expanded the so-called “de facto merger” exception to the general rule that when one corporation purchases the assets of another, the buyer does not assume the debts and liabilities of the seller,...


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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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