Publications

Illinois Bar Journal
Articles on Bankruptcy

Bankruptcy and the Series LLC: Can Creditors Pierce the Veil? By John T. Wagener and Kenneth D. Peters May 2014 Article, Page 236 The Series LLC gives sweeping liability protection to those who use it. But will it shield an umbrella entity in bankruptcy and under UCC Article 9 from liability incurred by debtor subunits?
Correspondence from Our Readers October 2013 Column, Page 494 More on recorders and red-flagging; Bankruptcy and divorce.
Three Rules for Drafting Marital Settlement Agreements in Anticipation of Bankruptcy By Matthew Benson September 2013 Article, Page 474 These three rules can help keep your work for a divorcing client from being undone when one of the parties files for bankruptcy.
Protecting Settling Plaintiffs When a Defendant Goes Bankrupt By Christopher B. Lega April 2013 Article, Page 200 Most settlement agreements ignore an important risk - that the defendant will file for bankruptcy shortly after settlement. Here's how to protect plaintiffs.
Chapter 13 Bankruptcy: Tips for Representing Creditors By Faiq M. Mihlar and Heather M. Giannino March 2012 Article, Page 150 The authors advise counsel for creditors about preparing a proof of claim and filing a motion for relief from the automatic stay in Illinois-based bankruptcy courts.
Are Inherited IRAs Exempt from Creditors in Bankruptcy? By Justin F. Polach December 2011 Article, Page 628 Standard IRAs are exempt in bankruptcy and thus unavailable to creditors. But what if the debtor inherited the IRA account - is it likewise exempt? A look at the evolving case law.
Claim against public utility deemed to fall within jurisdiction of circuit court December 2011 Illinois Law Update, Page 610 A circuit court may exercise jurisdiction over a class action against a gas utility alleging that the utility violated state law by attempting to collect debts discharged in bankruptcy, according to the Appellate Court for the First District of Illinois.
Estop that Lawsuit: Judicial Estoppel and the Bankruptcy Debtor-Turned-Plaintiff By Christopher B. Lega May 2011 Article, Page 250 Judicial estoppel can derail a plaintiff who filed for bankruptcy but then brought a lawsuit he failed to reveal in the bankruptcy case.
Bankruptcy lawyers are “debt relief agencies,” high court rules By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 As such, they may not advise clients to incur additional debt and must label themselves "debt relief agencies" in ads.
LLC Members by Default? By Lin Hanson June 2010 Column, Page 328 If an LLC member loses her shares, to what extent does a creditor stand in her shoes?
Federal standard time By Helen W. Gunnarsson February 2010 Lawpulse, Page 66 New laws standardize the way time periods are calculated in federal court.
The new-lawyer Q and A February 2010 Column, Page 108 Does bankruptcy affect my lottery winnings?
Chapter 7 is Alive and Well Despite the “Means Test” By Matthew M. Benson September 2009 Article, Page 470 The "means test," which was expected to render Chapter 7 bankruptcies largely unavailable, only affects a handful of debtors.
Creative ways to fend off foreclosure By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 Two lawyers think outside the box to help clients hang on to their homes, one by negotiating with lenders, the other by leveraging the power of Chapter 13.
Asked and Answered February 2009 Column, Page 104 How do I add a creditor to an old bankruptcy case?
Asked and Answered March 2008 Column, Page 151 Should I do a bankruptcy search?
Bankruptcy’s fresh-start policy trumps foregone creditor claims November 2006 Illinois Law Update, Page 584 On August 17, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding Jack Marszalek, owner of Consolidated Services and Construction, Inc (Consolidated), was not liable to S. R. McGuire Builder and General Contractor, Inc (McGuire) as a successor in interest because any claims McGuire may have had against Marszalek were discharged in bankruptcy.
Suing Defendants Who Later Declare Bankruptcy: Vacating a Dismissal for Want of Prosecution By Anna-Katrina S. Christakis and Jeffrey D. Pilgrim August 2006 Article, Page 432 When a plaintiff's action is dismissed for want of prosecution while the defendant's bankruptcy is pending and the automatic stay is in place, the plaintiff can seek to have the dismissal vacated.
The Impact of an Employer’s Bankruptcy on Employees By Travis J. Ketterman June 2006 Article, Page 304 This article looks at how workers can protect their rights when their employer enters bankruptcy.
Family Law and the New Bankruptcy Code By John J. Johnston March 2006 Article, Page 128 The new Code amendments have a major impact on family law - here are key provisions, issues, and strategies.
Bankruptcy practice after bankruptcy reform By Helen W. Gunnarsson January 2006 Lawpulse, Page 10 Dire predictions notwithstanding, serious consumer bankruptcy practitioners appear still to be in business. Costs have gone up, though, and let the dabbler beware.
Will bankruptcy reform cause domestic violence? By Helen W. Gunnarsson December 2005 Lawpulse, Page 614   Part of the purpose of the bankruptcy reform legislation is to increase pressure on debtors. Will that pressure explode into physical rage?  
Advantage to Creditor: Understanding Preference Actions and Available Defenses By Edward S. Margolis November 2005 Article, Page 590 The bankruptcy reform law adds some new pro-creditor wrinkles to defending preference actions.
Bankruptcy Reform for Non-Bankruptcy Lawyers By Bruce C. Scalambrino October 2005 Article, Page 518 Though bankruptcy reform may be bad news for consumers and their attorneys, creditors will find much to like in the new law.
The New Bankruptcy Law: A Consumer Lawyer’s Guide By James J. Haller and William A. Mueller September 2005 Article, Page 454 The new act takes effect next month: here are the most important changes to Chapters 7 and 13.
IRAs and Bankruptcy in Illinois By Robert S. Held August 2005 Article, Page 414 Creditors are unlikely to reach an Illinois resident's IRA account - find out why.
The Bankruptcy Abuse Reduction Fiasco? By Helen W. Gunnarsson June 2005 Lawpulse, Page 274 Here's a thumbnail sketch of the new Bankruptcy Act provisions that place new burdens on lawyers to verify information in clients' petitions.
Correspondence from Our Readers May 2005 Column, Page 222 Nonprofits' billing practices; bankruptcy lawyers and divorce.
A Family Lawyer’s Guide to Bankruptcy By Peter C. Alexander February 2005 Article, Page 80 Divorce and financial distress often go hand in hand. Here's a bankruptcy primer for matrimonial lawyers.
What Till v SCS Credit Corp Means for Your Chapter 13 Clients By James J. Haller September 2004 Article, Page 478 Till lowers the interest rate most Chapter 13 debtors pay to secured creditors. Here's post-Till guide to calculating rates.