Business owners looking to expand their business will often contemplate purchasing the assets or stock of a related company. Conventional wisdom dictates that asset sales are generally more preferable for the buyer due to the fact that the buyer is seemingly not assuming any of the seller’s liabilities. (more…)
Posts Tagged ‘Daniel R. Robinson’
In Indiana, not only should delinquent real estate taxes be paid prior to the date of a sheriff’s sale, it is a requirement. Under Indiana’s current mortgage foreclosure statute, before the date of a sheriff’s sale the party that filed the praecipe to initiate the sale is required to pay all delinquent property taxes, special assessments, penalties, and interest due and owing on the property. (more…)
The issue of bid strategy inevitably comes up prior to a sheriff’s sale. Unfortunately, from the perspective of the lender/judgment holder, there is no one-size-fits-all approach in Indiana. With each sale, there are a number of factors which must be considered. (more…)
Do you have employees who have been the subject of unlawful violence or credible threats of violence while at work—possibly from former employees or others? If so, Indiana law allows you as the employer to apply for an order—called a workplace violence restraining order—on behalf of the employee prohibiting the abuser from any further acts of unlawful violence or credible threats of violence against the victim and his or her family. The order may also prohibit the abuser from approaching the victim’s place of work, home, school, or other specified location.
Generally, after an act of unlawful violence or credible threat of violence is made against an employee, the employer may immediately apply for and be granted a temporary restraining order which is effective for a maximum of 15 days. Prior to the expiration of this 15-day period, the court will also conduct a hearing at which time it may issue a permanent restraining order effective for a period of 3 years. As opposed other types of restraining orders, the Indiana Workplace Violence Restraining Order is a particularly useful for employers as it allows the employer to obtain an order on behalf of an employee and it applies to specific property and locations, not just people.
If you have any questions about Indiana Workplace Violence Restraining Orders, please contact Dan Robinson or one of the other Manufacturing or Distribution attorneys at Bamberger.
Court Rules that Guarantor Not Released From Liability Because of Integration Clause and Lenders Have No Duty to Advise Prospective Borrowers to Obtain CounselTuesday, August 30th, 2011
In a recent decision, the Indiana Court of Appeals held that an integration clause contained in a guaranty of one loan did not release the guarantor from his liability of a separate loan. The Court also held that absent special circumstances, a financial institution is not required to advise a client to seek legal counsel in connection with a commercial transaction. (more…)
New changes to Indiana’s foreclosure law took effect July 1, 2010. Some of the more notable changes are as follows.
1) Pre-suit Foreclosure Notice. Under the new law, the 30-day pre-suit foreclosure notice (which was previously required to be sent in all foreclosure cases), is now only required in cases involving the debtor’s primary residence. The new law serves to clarify an ambiguity under prior law, which should help to reduce costs and delays in commercial foreclosure actions while still protecting consumers at risk of losing their homes. (more…)