Prenuptial Agreements – Protecting Your Assets

By E. Spencer Walton | August 25, 2022

Generally speaking, over 55% of all marriages fail. Most people ignore this statistic, believing their marriage will last forever. In Indiana, upon the filing of a divorce, all of your assets and debts are subject to being divided between spouses by a Court, regardless of whose name is on each asset or debt without a…

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Federal False Claims Act

By Joseph L. Amaral | August 8, 2022

The Federal False Claims Act (31 USC §§ 3729-3733) was enacted during the Civil War in 1863 in response to rampant fraud committed against the United States by government contractors and is still in effect. In short, a person who knowingly presents a false claim for payment to a government-funded health care program, such as…

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Congress Makes Permanent Expanded Bankruptcy Relief for Small Business Debtors

By R. William Jonas Jr. | July 20, 2022

On June 21, 2022, Congress made permanent the increased debt limit for small business debtors seeking to reorganize their finances under SubChapter V of Chapter 11. When passed in 2019, Congress established a debt limit of $2,725,625 for classification as a small business debtor. In response to pandemic-related distress, the CARES Act increased the limit…

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The Importance of Finding a Trusted Adoption Attorney

By Jon Rogers | June 28, 2022

You are planning on adopting. You could look like any modern family out there. Perhaps you are adopting a child from foster care. Maybe you are a blended family and intent on adopting your blended family due to one reason or another. It could also be that you are in a loving same-sex partnership desiring…

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Can an Attorney Help Me Sell My Property?

By Sean Towner | June 6, 2022

It is customary practice for home and commercial real estate owners in Indiana and Michigan to utilize a real estate agent to sell their property. However, many real estate owners who intend to sell their property directly to another individual (and not list the property publicly) utilize the service of an attorney. Real estate attorneys…

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Benefits and Qualifications for Indiana Diversion Programs

By Janelle Cooper | March 31, 2022

Most counties across Indiana offer criminal diversion programs. These programs are designed for people with little to no criminal history. Under Indiana Code Sections 33-39-8-5(6) and 33-39-1-8, persons charged with certain misdemeanors (and certain felonies) can enroll in the program and avoid having a conviction on their record after successfully completing the program. Diversion programs…

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What is Devolution

By Nathan Barnes | March 10, 2022

Devolution is the transfer of a person’s assets (i.e., real estate, bank accounts, retirement accounts, or any other property a person owns) to his/her/their heirs as a matter of law upon a person’s death. Indiana’s devolution is found under I.C. § 29-1-7-23(a): “When a person dies, the person’s real and personal property passes to persons…

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I won my lawsuit. Now what?

By Katlyn Foust Hunneshagen | February 14, 2022

One consideration everyone should contemplate before initiating a lawsuit, is the realistic outcome of collecting any judgment obtained in court or settlement. Individuals who have had little experience with the civil justice system are often shocked to find out that even if they succeed in trial and obtain a monetary award for their damages, they…

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Termination/Expiration of a Power of Attorney

By Joseph L. Amaral | January 31, 2022

In Indiana a “power of attorney” means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal. (I.C. 30-5-2-7) Clients will often want to know when a power of attorney terminates. There are several events which will cause a power of attorney to…

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Supreme Court Rules on Two Vaccine Mandates

By Sean Towner | January 19, 2022

The Biden Administration proposed three (3) vaccine mandates in 2021. The first mandate pertained to medical facilities which receive Medicare or Medicaid payments (hospitals, nursing homes, etc.). The second mandate pertained to companies which accept federal contracts (and the company’s subcontractors who may work on the project). The third mandate – which was the most…

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