Commercial Banking, Collections, and Bankruptcy

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

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2018 Articles

Back to basics: How to revive a judgment By Julia Jensen Smolka May 2018 A brief summary of how to revive a judgment.
Credit card issuing banks have no common law remedies against a retail merchant with a data security breach By Michael L. Weissman August 2018 The U.S. Court of Appeals for the Seventh Circuit recently handed down a significant decision in Community Bank of Trenton v. Schnuck Markets, Inc., which involved the purported liability of a retail merchant to credit card issuing banks in the face of a data security breach.
Foreign service of process: A foreign procedure to some By Amber L. Bishop April 2018 Service of process on individuals in a foreign country may seem difficult at first blush, but there is a clear process for getting service accomplished. You just have to know where to look to find the answers.
How blockchain stops bank fraud By Thomas E. Howard & Lina Aldadah March 2018 Once blockchain is ready for prime time, attorneys for the bank never will again need to trace proceeds or worry about bad checks.
One of the best ways to help your client: Keep bankruptcy from being a paper chase By Cindy M. Johnson March 2018 If your actions delay the trustee’s administration of the case, you have created an impression in the trustee’s mind that you are inattentive— and so a trustee may wonder what else your inattention caused you to miss.
Preview of “Navigating Today’s Muddy Banking Waters” August 2018 An overview of the upcoming half-day program, "Navigating Today’s Muddy Banking Waters."
‘Prompt’ payment no longer necessary to extinguish pre-foreclosure sale condo assessments By Blake A. Strautins & Michael R. Schumann May 2018 A recent Illinois appellate court decision provides further guidance in determining when a judicial foreclosure sale purchaser should starting making assessment payments to extinguish a condominium association’s lien for prior unpaid assessments.
A review of the protections available to banks when dealing with attorneys-in-fact By Bradley W. Small & Amy C. Randazzo March 2018 With changing technology allowing more people to easily create their own estate planning documents, authors Bradley Small and Amy Randazzo thought it might be time to review the protections banks have when working with a customer’s attorney-in-fact.
Timing is key: “Prompt” payment needed to extinguish pre-foreclosure sale condo assessments By Blake A. Strautins & Michael R. Schumann April 2018 The court in Country Club Estates Condominium Association v. Bayview Loan Servicing has clarified Section 9(g)(3), holding that the purchaser of a condominium at a foreclosure sale must make “prompt” payment of post-sale assessments.
Whose law is it? By Samuel H. Levine August 2018 Two recent cases, Z.B., NA v. Hoeller and Bonita Real Estate v. SLF IV Lending, attempt to answer which law governs a deficiency when the choice-of-law provisions in the promissory note and mortgage are in conflict.