Solidifying a split of circuits, the Seventh Circuit ruled that the City of Chicago must comply with the automatic stay by returning impounded cars immediately after being notified of a chapter 13 filing. 

Robyn Moberly, Chief Judge for the U.S. Bankruptcy Court for the Southern District of Indiana has sent this note to members of the Commercial & Bankruptcy Law Section.

One of the interesting and sometimes frustrating aspects of being a trustee concerns the substantial knowledge of disparate legal matters necessary to properly perform the duties of a trustee. Trustees need to be familiar with real estate law, family law, business law, probate proceedings and even trust proceedings.  

Recently, the Supreme Court handed down its decision in Mission Product Holdings Inc. v. Tempnology LLC, reversed the First Circuit and held that rejection of an executory trademark license does not bar the licensee from continuing to use the mark. 

A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled.

The Southern District of Indiana recently held that it had personal jurisdiction over a company that had sent text messages marketing its Ohio properties to students in Indiana. 

If you’re trying to collect a judgment in federal court based upon veil-piercing theories, make sure you’re applying the correct legal standard. If the underlying claim arises out of a federal statute, Indiana’s state law tests may not apply. Although similar in nature, the standards are not the same and require a different analysis.

In October of this year, Sears Holdings Corp and affiliated Debtors filed a Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of New York in a case pending before Judge Drain. Since that time, the company has been reducing its debt and its physical footprint by closing stores.  After the bankruptcy was filed, Sears unsecured creditors began to claim that the Debtors’ former CEO & Chairman siphoned value away from Sears in a multitude of insider transactions.

The IndyBar Legislative Committee is currently monitoring the following commercial law related legislation.

The IndyBar Legislative Committee is currently monitoring the following commercial law related legislation.