Publications

Articles on Debtors and Creditors

Remedies for Abusive Debt Collection: An Illinois Lawyer’s Guide

By Jeremy A. Gogel
July
2011
Article
Page 358
An overview of penalties available under federal and state law for abusive collection techniques.

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.

Life Insurance Proceeds Are Exempt From Creditors - Or Are They?

By Thomas A. Pasquesi and Thomas M. Badenhausen
May
2011
Article
Page 254
The law exempts life insurance policy proceeds from the claims of a decedent-insured's creditors. But exceptions give creditors an opportunity to recover.

Confessions of an Illinois Judgment

By Michael G. Cortina
November
2010
Article
Page 578
As more loans go bad, banks looking to collect from defaulting borrowers are turning to judgments by confession. Here's how they work.

Tenancy by the entirety gets a boost

By Helen W. Gunnarsson
September
2010
LawPulse
Page 446
Spouses no longer must choose between the protection against creditors provided by tenancy by the entirety and the estate-planning advantages of a revocable inter vivos trust.

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?

Collecting on a federal-court judgment

By Helen W. Gunnarsson
February
2010
LawPulse
Page 66
Here's a step-by-step guide to actually getting that money you won for your client in federal court. The key: effectively using the powerful citation to discover assets.

Must landlords seeking overdue rent comply with the FDCPA?

By Helen W. Gunnarsson
February
2010
LawPulse
Page 66
The third district held that landlords must comply with the Fair Debt Collection Practices Act when attempting to collect past-due rent from their renters.

Reviving Judgments in Illinois

By Robert G. Markoff and Christopher J. McGeehan
January
2010
Article
Page 40
A summary of how the revival process works in light of recent changes.

Directors’ Duty to Creditors

By Lin Hanson
March
2009
Column
Page 152
If a corporation becomes insolvent, directors and officers owe a duty to creditors.

Copy of mechanics lien complaint needs to be timely delivered

December
2008
Illinois Law Update
Page 612
On October 9, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County dismissing Count I of the plaintiff's complaint. 

Collection Agency Act amended. PA 095-0437

June
2008
Illinois Law Update
Page 284
The Collection Agency Act has been amended to add two new sections. 225 ILCS 425/9.1 and 9.2. The Act sets requirements for debt collectors or collection agencies regarding communication with persons other than the debtor, and communication in connection with debt collection.

For New Lawyers

June
2008
Column
Page 309
An expensive daughter dilemma.

Successor Liability in Illinois

By George W. Kuney
March
2008
Article
Page 148
Find out when creditors and tort victims can sue the buyer of a business for the debts and torts of the seller.

Asked and Answered

February
2008
Column
Page 95
Judgments against joint tenancies.

Law firm that followed state collection law not liable under FDCPA

By Helen W. Gunnarsson
June
2007
LawPulse
Page 286
A law firm did not violate the federal Fair Debt Collection Practices Act when it followed Illinois procedure for collecting a state-court judgment, the seventh circuit ruled.

A Creditor’s Guide to Article 9 UCC Compliance

By Michael L. Weissman
April
2007
Article
Page 188
Here's what recent cases have to say about attachment and perfection pitfalls and other issues important to secured creditors.

Asked and Answered

February
2007
Column
Page 95
I've got my judgment- how do I collect?

What’s in a Name? For UCC Filings Under Revised Article 9, Everything

By Edward J. Underhill
June
2006
Article
Page 314
Secured creditors must be prepared to modify their searching and filing practices to assure that security interests remain enforceable.

Assignees of debt entitled to original interest

May
2006
Illinois Law Update
Page 230
On March 3, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Knox County, holding that the plaintiff, PRA III, LLC (PRA), was entitled to charge interest on the defendant's debt at the rate agreed upon when the defendant originally incurred the debt, even though PRA was not a party to the original agreement. 

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.

Lenders: Document Collateral Properly or Become an Inadvertent Unsecured Creditor

By Timothy C. Culbertson
October
2005
Article
Page 534
An oft-neglected Illinois UCC requirement for describing collateral could be a pitfall for secured creditors.

Citations Versus Non-Wage Garnishments: Which is Right for Your Collection Case?

By Michael G. Cortina
July
2005
Article
Page 362
This article discusses the two principal devices for reaching a judgment debtor's assets held by banks and other non-employer third parties.

Thomas: Another twist in the fair-debt-collection knot

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
If you do any collection work, be sure to read this new case from the seventh circuit.

Representing a Creditor in an Assignment for the Benefit of Creditors

By Bruce C. Scalambrino
May
2004
Article
Page 263
Here's how to look out for creditors' interests in a common law "ABC."

Don’t Let Your Client Be Labeled a Predatory Lender

By Mavis W. Kennedy
November
2001
Article
Page 595
A review of federal and state predatory-lending laws, including new regulations from the Illinois Office of Banks and Real Estate.

Illinois Litigator’s Guide to Naming Defendants in Collection Suits

By Scott Michael Alexander
July
2001
Article
Page 373
Properly naming your defendant can mean the difference between collecting a judgment and making a worthless claim.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
January
2001
Column
Page 10
Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.

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