2024 Articles

Appeal of Mortgage Foreclosure Case Where Property Is Sold to Third Party Who Was Not a Party to the Litigation Is Moot Unless the Appellant Previously Obtained a Stay of the Trial Court’s Judgment By Kevin J. Stine May 2024 In PHH Mortgage Corp.v. Restrepo, the appellate court determined that defendant's petition for relief from judgment that sought to vacate both the judgment of foreclosure and the order confirming the sheriff's sale of defendant's home were moot and barred because the subject property had been sold to an unrelated third party purchaser and defendant had not obtained a stay of the trial court's order confirming the sale within the time frame allowed for filing an appeal from that order.

Artificial Intelligence Impacts All Areas of the Law, Including Commercial Banking, Collections, and Bankruptcy By Judge Michael Chmiel May 2024 A look at how artificial intelligence will impact the areas of commercial banking, collections, and bankruptcy law.

As We Move Through 2024, Welcome to a New Year of the Association By Judge Michael Chmiel June 2024 An introduction to the issue from one of the co-editors.

Bank Class Action Developments: Latest Wave Targets Fees for Returned Third-Party Checks By Gregory D. Omer June 2024 Three large Wall Street banks have all been sued recently over charging the same type of fees to customers for depositing checks that are later returned.

Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman June 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.

Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman May 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.

How Can ODR Help Courts in Illinois? By Judge Michael Chmiel June 2024 With the assistance of ChatGPT, the author invesetigates the ways online dispute resolution can advance the cause of the rule of law and access to justice in Illinois.

Trial Court Can Enter a Nunc Pro Tunc Order More than 30 Days After Final Judgment Is Entered to Correct a Mistake or Clerical Error if Proper Notice of the Motion Is Given to All Parties By Kevin J. Stine May 2024 In SMS Financial Recovery Services, LLC v. Rodriguez, the court of appeals determined that a trial court can enter a nunc pro tunc order more than 30 days after final judgment is entered to correct a mistake or clerical error as long as proper notice of the motion is given to all parties.

Welcome Back to 2024 By Judge Michael Chmiel May 2024 An introduction to the issue from the editor.