Commercial Banking, Collections, and Bankruptcy

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

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2020 Articles

Options for Conducting Annual Shareholder Meetings and Director Meetings During a Time of COVID-19 Shelter in Place Orders By Timothy M. Sullivan May 2020 A look at the options for private companies when it comes to conducting their annual shareholder meeting and director meetings.
Out With the Old and in With the New By Judge Michael Chmiel June 2020 A note from the editor, Judge Michael Chmiel.
Preserving Evidence on Home Construction Cases By Adam B. Whiteman September 2020 Litigating a case for construction defects can be devastatingly expensive and time consuming for the homeowner and highly disruptive for the contractor’s business.
Promote Access to Justice (and Social Distancing) by Eliminating the Date-Certain Summons By Robert G. Markoff & Steven A. Markoff September 2020 A look at how we can modernize our court system to improve access to justice.
Proving Up Damages in a Home Construction/Remodeling Case By Adam B. Whiteman August 2020 A look at how to prepare for trial in a residential construction defect case.
Save Judicial Resources: Eliminate Orders for Alias Summons By Robert G. Markoff & Steven A. Markoff June 2020 Judges contemplating how to resume their court calls should consider setting a specific time period for the plaintiff to obtain service.
Second Citations to Discover Assets Directed to a Previous Respondent By Robert G. Markoff February 2020 Supreme Court Rule 277 imposes a major limitation on the number of citations to discover assets that may be issued to one party.
The Second District Civil Decision Digest for the Commercial Banking, Collections & Bankruptcy Section By Andrew J. Mertzenich December 2020 Summaries of cases that may be of interest to the Commercial Banking, Collections, & Bankruptcy Section.
The Second District Civil Decision Digest for the Commercial Banking, Collections, & Bankruptcy Section By Andrew J. Mertzenich November 2020 Summaries of cases of interest to members of the Commercial Banking, Collections, and Bankruptcy Section.
Second District Confirms That Receiver Certificates May Prime Prior Liens By James M. Dash & Steven D. Mroczkowski October 2020 The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
A ‘Sharp Bid’ Is Not a Proper Bid in a Supplementary Action Sale By Kevin J. Stine November 2020 In FirstMerit Bank, N.A. v. McEnery, the appellate court found that a “sharp bid” was not a proper bid in the sale of personal property in a post judgment collection proceeding.
Staying Active, Healthy, and Productive at Home By Michael B. Hyman, E. Kenneth Wright, Jr., & Erin Clifford June 2020 Suggestions to better manage working from home during COVID-19.
Supporting the Illinois Bar Foundation’s Lincoln Legacy Society By Hon. Edward J. Schoenbaum, (ret.) November 2020 The Lincoln Legacy Society is the Planned Giving Program of the Illinois Bar Foundation, supporting the Foundation’s mission to administer access to justice programs throughout Illinois and offer financial aid to attorneys and their families during times of crisis.
Take Care of the Best Machine You Own! By Robert Fioretti, Nicki Pecori Fioretti, & Mary Petruchius June 2020 A look at our realities during COVID-19 and advice on how to take care of yourself during this time.
Thanksgiving in the Pandemic By Judge Michael Chmiel November 2020 A note from the editor, Judge Michael Chmiel.
Trends in Overdraft Fee and NSF Litigation By Matt Mulqueen & Robert Tom February 2020 There has recently been an increase in class action lawsuits against banks and credit unions challenging the manner in which those institutions charge overdraft and non-sufficient funds fees.
Trial on the Papers: An Alternative to Cross-Motions for Summary Judgment By Morton Denlow December 2020 Cross-motions for summary judgment can lead to a tremendous waste when they are denied. A trial on the papers is a useful alternative.
Trustee’s Judicial Lien Trumps Consignor’s Unperfected Security Interest By Michael Weissman August 2020 A summary and analysis of PC (USA), Inc. v. Ellis, which points out the necessity of filing UCC financing statements in consignments.
Tweaks to Judgment Enforcement Law By Robert G. Markoff February 2020 P.A. 101-191, which was recently signed into law, updates and modernizes several aspects of judgment enforcement law related to citations to discover assets, garnishment, and wage deduction.
The Unlimited Potential of Limited Scope Engagements By Joe Souligne April 2020 Limited scope engagements, which are an often-overlooked tool, can be advantageous to both lawyers and clients.
Virtual Courtrooms in 2020 and Beyond By Judge Michael Chmiel May 2020 A look at the disruption the pandemic has caused to the legal industry, prompting access to justice through virtual proceedings.
A Virtual Pro Bono Opportunity to Help Those in Need By Michael G. Bergmann September 2020 Illinois Free Legal Answers is a virtual legal clinic where low-income Illinoisans can submit a question online to ask a pro bono lawyer for help with a civil legal issue.
Welcome to Volume 64 By Judge Michael Chmiel July 2020 A note from the editor, Judge Michael Chmiel.
When an Account Receivable Isn’t an Account Receivable By Michael Weissman April 2020 The decision of the Supreme Court of Illinois in Accettura v. Vacationland focuses on an issue involving the validity of collateral on which lenders depend heavily—a borrower’s accounts receivable.