Q&A with Doug Kowalski, associate Why did you become an attorney? Who or what inspired you? In high school, I was moved by the book To Kill a Mockingbird and the movie A Time to Kill. Both inspired me to want to fight for the marginalized and voiceless. I began my career as a public …
When Business is Bad, Who do you Pay?
This doesn’t seem like a tough question to most folks. You’ll pay the creditors to keep your doors open and delay paying the ones who may let you slide past due. Well, an important analysis will likely lead to other priorities. Consider first to whom you may be personally liable if the doors close… Taxing …
Update: Indiana’s New Witness Requirement on Recorded Documents
Change of an ‘Or’ to ‘And’ Cause Challenges The recent rewording of a law has caused quite a stir in the business and real estate communities. That’s because changes to Indiana Code 32-21-2-3(a), effective July 1, 2020, now require witness signatures on recorded documents. Senate Enrolled Act 340, passed by the Indiana Senate, merely changed …
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COVID-19 AND CONTRACT BREACH
With the American economy grinding almost to a halt due to the Covid-19 Virus and the accompanying onslaught on National, State and local directives and executive orders restricting, and in some cases, preventing the operation of many businesses, performance of contracts by the affected business owners has become all but impossible for reasons totally beyond …
COVID-19: News to stay informed from Indiana Courts
Government and Business organizations have been acting fast and furious in response to COVID-19. This running blog entry identifies operational changes and helpful links. We will update this blog as more changes are made: Indiana’s Shelter in Place Order. Governor Holcomb has issued a shelter in place order that expires at 11:59 p.m. on Monday, …
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CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (“CARES ACT”)
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”). This historic economic recovery package, commonly referred to as “Phrase Three,” is intended to provide relief to the American economy in response to the coronavirus disease 2019 (“COVID-19”). The CARES Act contains numerous significant provisions impacting …
CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (“CARES ACT”)Read More
NEW COVID-19 Employer Pay/Leave Regulations
Update April 1, 2020: At the time of our initial post, the federal government had not defined health care providers or emergency responders. In a new FAQ sheet, the Department of Labor has defined both classifications: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions FAQ 56: Who is a “health care provider” who may be excluded by their employer from paid sick …
Small Business Reorganization Act (SBRA) of 2019 updates to Chapter 11
The Small Business Reorganization Act (SBRA) of 2019 added a new subchapter V to Chapter 11 of the Bankruptcy Code (11 U.S.C. §§ 1181-1195). It is applicable solely to “Small Business Debtors” who file a bankruptcy petition on or after February 19, 2020. For debtors who qualify, filing under the new subchapter is likely to …
Small Business Reorganization Act (SBRA) of 2019 updates to Chapter 11Read More