“Indiana’s two applicable statutes of limitations recognize three events triggering the accrual of a cause of action for payment upon a promissory note containing an optional acceleration clause. First, a lender can sue for a missed payment within six years of a borrower’s default. Second, a lender can exercise its option to accelerate and fast-forward to the note’s maturity date, rendering the full balance immediately due. The lender must then bring a cause of action within six years of that acceleration date. Or, third, a lender can opt not to accelerate and sue for the entire amount owed within six years of the note’s date of maturity.”
Supreme
Collins Asset Group, LLC v. Alialy, No. 19S-CC-531, __ N.E.3d __ (Ind., Feb. 17, 2020).
Lender could recover equally under Ind. Code § 26-1-3.1-118 and Ind. Code § 34-11-2-9 because it filed suit within six years of acceleration.
In re M.S., No. 19S-JC-50, __ N.E.3d __ (Ind., Feb. 20, 2020).
In a CHINS case, unlike the sixty-day deadline imposed by Ind. Code § 31-34-11-1(a) that may be waived by consent of the parties, the 120-day deadline contemplated by Ind. Code 31-34-11-1(b) may be enlarged only if a party shows good cause for a continuance.
S.H. v. D.W., No. 19S-PO-118, __ N.E.3d __ (Ind., Jan. 31, 2020).
The Protection Order Act does not permit the reissuance, renewal, or extension of the protective order when there has been a single episode of physical violence with no follow-up act, no threat that the violence will recur, and no other reasonable grounds to believe there is present intent to harm.
In re Adoption of C.A.H., No. 20S-AD-5, __ N.E.3d __ (Ind., Jan. 10, 2020).
A parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing.