A bank has failed to prove that one of its customers is thousands of dollars behind on her credit card payments, the Indiana Court of Appeals ruled recently.

The Indiana Court of Appeals reversed judgment awarded to a bank against a former homeowner who filed for bankruptcy, finding that because the man had been discharged of any liability on the mortgage, the judgment was in error.

On August 23, President Donald Trump signed the Honoring American Veterans in Extreme Need Act of 2019 into law. Prior to the HAVEN Act, disability benefits paid by the Department of Veterans Affairs and the Department of Defense were included in the calculation of a debtor’s disposable income, which increased the portion of the debtor’s income that was subject to the reach of creditors.

To celebrate Commercial Courts’ new permanent place in the Indiana court system, the Indiana Supreme Court and Indiana Chamber of Commerce invite you to an afternoon on Commercial Courts and non-competition agreements. This presentation will be taught by Indiana Commercial Court Judges Heather Welch, Craig Bobay, Steven Bowers, Richard D’Amour and John Sedia.

The United States Department of Justice, Office of the United States Trustee, seeks resumes from persons wishing to be considered for inclusion in a pool of trustees who may be appointed on a case-by-case basis to administer cases filed under the Small Business Reorganization Act of 2019 (Subchapter V), which amended chapter 11 of title 11 of the United States Code (Bankruptcy Code).

On August 19, 2019, the Judicial Conference Advisory Committees on Appellate, Bankruptcy, and Civil Rules published proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment.

In our ongoing effort to keep members informed of recent legislation, here is a summary of recent federal legislation we believed would be of interest.

The Seventh Circuit’s recent decision in Williams v. Jaffe is an interesting read for creditor/debtor’s rights attorneys, as it gives more teeth to judgment liens, at least in Illinois.  In the case, LaVerne Williams obtained a judgment against Scott Jaffe and recorded a judgment lien against property that Jaffe and his wife owned as tenants by the entireties.  

On February 19, 2020, the Small Business Reorganization Act of 2019, P.L. 116-54 (SBRA) will go into effect – long before the normal three-year rules amendment process runs its course. 

A mortgage loan servicer can achieve summary judgment in a RESPA qualified written request case if the borrower fails to establish that the statutory violations caused any actual damage.