Commercial Banking, Collections, and Bankruptcy

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

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2017 Articles

Bank does not owe a duty of ordinary care to maintain and guard a customer’s accounts and protect the account holder from fraud, abuse and waste By Kevin J. Stine July 2017 The First District Appellate Court recently issued its decision in Epstein v. Bochko.
Blurred line between business and personal loans and the application of the Illinois Credit Agreements Act By Thomas E. Howard July 2017 Lenders should police their residential real estate collateral now to ensure that their borrowers have not become landlords. The borrowers could have easily gotten a new home mortgage from another mortgage bank. Very specific steps must be taken to bring the formerly residential mortgage loan under the shield that the ICAA provides to commercial lenders.
Electronic filing fees may now be taxed as court costs (& more)! By Robert G. Markoff January 2017 Until the recent enactment of SB 2845, these filing fees could not be taxed as court costs as they were not authorized by state statute.
Is my bank client stuck paying for my fees to enforce a judgment? By Bradley W. Small January 2017 Attorney fees and costs in obtaining a judgment are often included in the judgment, but what about the post-judgment costs and fees involved in enforcing the judgment?
Recent cases By Michael Weissman July 2017 Recent cases of interest to practitioners.
Recovering post-judgment attorney fees – A practice pointer for transaction and litigation counsel By Thomas M. Lombardo January 2017 The author identifies three critical steps to ensure that your client’s post-judgment attorney fees for collection activity are recoverable on top of the judgment itself.
Refresher in confessions of judgment By Julia Jensen Smolka July 2017 This article is meant to be a refresher on how you bring a Confession of Judgment action. As any good lawyer will say, you need to start with the statute.
Restoring the benefit of the bargain By Samuel H. Levine July 2017 Is a lender entitled to default interest, late fees and other default penalties in a reorganization plan proposed by its borrower? Recent case law says “yes.”