Indiana recently enacted laws allowing creditors involved in consumer credit transactions secured by motor vehicles or other titled assets to record their liens electronically. This is progress but there are other...more
From time to time, we review loan files for clients to confirm they have the collateral they think they do. Assume a lender has a properly perfected $1,000,000 mortgage loan and a $500,000 line of credit secured by all of the...more
Lenders’ risks relating to commercial real estate leases generally seem remote. However, the COVID crisis and associated economic downturn have raised issues that have affected a number of lenders.
What about the scenario...more
A recent case from the Bankruptcy Court for the Southern District of Indiana exposed risks that financial institutions can incur in protecting their rights to collateral. In Marocco v. AmeriCredit Financial Services,...more
Chapter 12 Bankruptcy was a common topic in the 1980’s-- the days of the Farm Aid concert and farmers driving tractors to Washington D.C. However, current difficulties are again raising the value of Chapter 12’s as a tool for...more
Indiana has a significant body of legislation and case law addressing the priority of mortgages vs. mechanic’s liens. The banking and construction industries in Indiana are well developed and funded and have over the years...more