Illinois Bar Journal


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Articles on Debtors and Creditors

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.
College Savings Pool July 2000 Illinois Law Update, Page 380 On March 24, 2000, the Illinois Treasurer's Office adopted emergency rules to section 2500 of the Illinois Administrative Code. 23 Ill Adm Code 2500.
The Lawyer’s Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
The Lawyer’s Journal By Mark S. Mathewson May 2000 Column, Page 251 You've got mail ... from a client ... and it's OK; fraudulent transfers and tenancy by the entirety; and more.
The “sole intent” standard is used to determine whether a conveyance of property to tenancy by the entirety to avoid payment of judgment to creditors was a fraudulent conveyance April 2000 Illinois Law Update, Page 196 In May 1995, plaintiff, Premier Property Management, Inc., sued Chavez in a separate lawsuit. In July 1996, Chavez conveyed his interest as sole owner of his home to himself and his wife as tenants by the entirety.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?