IRS to Begin Use of Private Collection Agencies
Pursuant to federal legislation enacted by Congress in 2015, the IRS announced today that it will begin collecting unpaid taxes through...
Read MoreTermination of Bankrupt Member’s Interest in LLC Violates Automatic Stay
The U.S. Bankruptcy Court for the Southern District of Indiana recently held that a limited liability company could not terminate a member’s voting rights in the company during the member’s bankruptcy case, without first seeking relief from the automatic stay. When a bankruptcy petition is filed, t...
Read MoreKentucky Banks: How do your forms fare?
In Rogan v. U.S. Bank, N.A. (In re: Partin), Adv. No. 14-5015 (E.D. Ky., Sept.9, 2014), a bankruptcy case in the Eastern District of Kentucky, the bankruptcy trustee sought to avoid three mortgages filed on the debtor’s property in Jessamine County. The trustee argued that the mortgages we...
Read MoreStatistics Show Decline in Local Bankruptcy Filings
According to figures released on April 24, 2014, by the United States Bankruptcy Courts, bankruptcy filings in the Southern District of Indiana, Southern District of Illin...
Read MoreHealthcare Providers Take Note: Suing Debtors in Small Claims Court Just got A Little Easier
Most doctors, dentists and other healthcare providers have patient accounts with balances of a few thousand dollars or less on ...
Mike DiRienzo to Chair Panel at Creditors’ Session of Southwestern Indiana Bankruptcy Conference
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Michael E. DiRienzo[/caption]
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KDDK Welcomes New Attorney Patrick C. Thomas
Kahn, Dees, Donovan & Kahn, LLP (KDDK) has hired Patrick C. Thomas as an associate attorney. He was sworn in during an Admission Ceremony held today in Indianapolis.
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Indiana Creates a New “Strict Foreclosure” Statute
Earlier this year, the Indiana Legislature amended and added Section 4 to Indiana Code 32-29-8. The addition of Section 4 is important to many groups, including banking institutions, purchasers at sheriff sale, and junior lienholders. It provides these parties a statutory remedy to clear title whe...
Read MoreCollecting Corporate Debt by Piercing the Corporate Veil
A primary reason for creating a corporation to conduct business is to shield corporate shareholders from personal liability for the corporation’s acts and debts. This corporate shield is of obvious benefit to shareholders, allowing them to freely invest in an enterprise while limiting their risk. Th...
Read MoreU.S. Supreme Court Upholds Bank’s Right to Credit Bid in Bankruptcy
On May 29, 2012, the U.S. Supreme Court issued a unanimous opinion Radlax Gateway Hotel, LLC v. Amalgamated, rejecting a Chapter 11 bankruptcy debtor’s plan which proposed to sell their property free and clear of the Bank’s liens and repay the Bank with the sale proceeds, but failed to permit the Ba...
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