Commercial Banking, Collections, and Bankruptcy

The newsletter of the ISBA’s Commercial Banking, Collections, and Bankruptcy Section

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2015 Articles

Alternative methods of forced sales of debtors’ property By Robert G. Markoff October 2015 Since sheriff sales may not garner the seller an item's full value, the author provides a list of other venues available for selling items.
Attorneys beware! By Jeffrey G. Sorenson February 2015 The case of Heartland Bank and Trust Company v. The Leiter Group, Attorneys and Counselors Professional Corporation is warning for all attorneys who accept payments from a client in financial distress.
Can a spouse who occupies a property as his/her residence but is not on title claim a homestead exemption? By Robert Handley February 2015 A summary of the recent case of GMAC Mortgage, LLC v. Arrigo.
Case summaries By Robert T. Bruegge October 2015 Recent bankruptcy cases of interest.
Citations to discover assets and the automatic stay By Kim M. Casey January 2015 Two recent bankruptcy court decisions confirm that while the automatic stay of Section 362 operates to prevent any further state court proceedings to enforce the pending Citation, it does not create an affirmative duty upon the creditor that the Citation be dismissed immediately upon the filing of a bankruptcy.
Collecting money owed by the State of Illinois through the Illinois Court of Claims By Nathan Lollis March 2015 A handy guide to collection cases filed in the Court of Claims. 
Distress for rent By Robert G. Markoff December 2015 Although very rare today, Distress for Rent is still a useful cause of action in the right circumstances.
2 comments (Most recent December 30, 2015)
Dragnet clauses or bust By Thomas E. Howard March 2015 To avoid possible errors, every security agreement must contain a dragnet clause to allow for subsequent modifications or additional extensions of credit by the lender to be properly secured.
How secure is your security interest? By Michael Weissman June 2015 Two recent decisions—each dealing with the effectiveness of filings under Article 9 of the Uniform Commercial Code—demonstrate both the certainty and uncertainty that can be generated by efforts to comply with the UCC.
In the Illinois mortgagee world, two strikes and you’re out! By Michael J. Maslanka October 2015 A look at the recent case of United Central Bank v. KMWC 845, LLC.
ISBA co-sponsors IJA program By Hon. Michael J. Chmiel January 2015 On October 24, 2014, for the first time, judges and lawyers were trained to present the Bringing the Courtroom to the Classroom program.
The need for pro bono & how you can help By Michael G. Bergmann & Karen Munoz December 2015 In 2003, low-income Illinoisans attempted to resolve approximately 875,000 legal problems on their own. Given the challenging economic times and the significant cuts in federal and state funding to legal aid since 2003, there is little doubt that these problems have been exacerbated rather than reduced.
North Shore Bank and the ever-changing work completion dates By Paul Peterson June 2015 In this case the First District Appellate Court was confronted with two mechanics lien claims where neither claimant could prove they did work on the work completion date sworn to in their respective mechanics lien claims and reaffirmed under oath in various court filings.
Play it as it lies: Dealing with unlawful judgment by confession clauses By Michael G. Cortina January 2015 In the game of golf, the ball should be played from where the player finds it without any improvement to the situation; the same should occur if a court finds itself dealing with parties to an unlawful confession of judgment clause, which is to leave the parties where it finds them. Play it as it lies.
Purchasers of properties that have gone through judicial sale should be cautious By Adam M. Ansari December 2015 The Illinois Appellate Court in Concord Air v. Malarz has increased the due diligence necessary for properties that have gone through a foreclosure sale.
Reviving dormant judgments in Illinois By Michael J. Gilmartin June 2015 If you are a banker or an attorney representing banks, now is an excellent time to revisit your drawer or spreadsheet of judgments to see if they are worth more than the paper they are printed on.
Wage rage: The argument for why confirmation is unnecessary to attach wages with a citation to discover assets after obtaining a judgment by confession By Michael G. Cortina March 2015 What should happen if a judgment creditor issues a citation to discover assets to the debtor’s employer and finds wages that could be used to satisfy the judgment? Does the creditor have to confirm the judgment by confession now that wages have been discovered?
What is due and what is not due: That is the question By Amber L. Michlig February 2015 A look at the rights and responsibilities for all parties under the Condominum Property Act.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch October 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.