News & Articles
A Lesson on Indiana Contract Drafting: Be Specific!November.22.2013
By: April N. Pinder, Esq. Does the exact contract language regarding payments really matter? According to a recent Indiana Court of Appeals decision, yes. In Singleton v. Fifth Third Bank, 2012 Ind. App. LEXIS 532 (Ind. Ct. App. 2012), the Indiana Court of Appeals was ...
Federal Bankruptcy Rules Committee Proposes Changes to Federal Rules of Bankruptcy ProcedureNovember.15.2013
By David Yunghans, Esq. The Federal Bankruptcy Rules Committee is currently in the process of drafting a model national plan and proposed rules amendments. Before you begin to panic and think, “Not another change to the Federal Bankruptcy Rules and Procedure!”, ...
New Change for Chapter 13 Plan in Southern Indiana As of August 15, 2013, a change in the standard language in the Southern Indiana Chapter 13 plan was implemented addressing the “Surrender” provision. The new plan now provides that as to any surrendered real estate the ...
Bankruptcy Court revises Chapter 13 plan model form The Bankruptcy Court for the Southern District of Indiana as of August 15, 2013, requires use of a revised Chapter 13 plan model form, pursuant to Local Rule B-3015-1. The form is available on the court's website and may be used ...
Land-Sale Contracts in West VirginiaNovember.01.2013
By Philip Q. Ratliff, Esq. Edited by Robert E. Altman, III, Esq. In West Virginia, a lender will generally not be able to summarily evict a land contract vendee by resorting to an eviction in Magistrate Court (the Court that typically handles evictions). West ...
Mortgage Holder Beware: Notice of Indiana Tax SalesOctober.29.2013
By April N. Pinder, Esq. In a much anticipated ruling, the Indiana Supreme Court once again upheld the constitutionality of Indiana’s pre-tax sale notice statutory procedures in M&M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank (Ind. ...