Publications

Section Newsletter Articles From Joseph P. Chamley

Consumer “cross-collateralization” clauses held enforceable by the U.S. Fifth Circuit By Joseph P. Chamley Commercial Banking, Collections, and Bankruptcy, November 2000 The United States Court of Appeals for the Fifth Circuit has ruled that a "cross-collateralization for future advances" clause in a consumer transaction is enforceable.
Procedural glitch concerns lenders to agriculture By Joseph P. Chamley and James W. Evans Agricultural Law, November 2000 With changes in Article 9 effective January 1, 1998, certain agricultural-related continuation statements (UCC-3's) that were previously required to be filed with the county recorder's office must be filed with the Illinois Secretary of State's UCC Division.
Illinois Supreme Court splits the baby on issue of fraudulent transfer into tenancy by the entirety By Joseph P. Chamley Commercial Banking, Collections, and Bankruptcy, April 2000 The Illinois Supreme Court has decided that pursuant to the Fraudulent Transfer Act (740 ILCS 160/1 et seq (West 1996)), a home transferred to a husband and wife in tenancy by the entirety cannot be sold to satisfy the debt of only one spouse unless the property was transferred "with the sole intent to avoid the payment of debts existing at the time of the transfer.
Procedural glitch concerns agricultural lenders By Joseph P. Chamley and James W. Evans Commercial Banking, Collections, and Bankruptcy, March 2000 With changes in Article 9 effective January 1, 1998, certain agricultural-related continuation statements (UCC-3's) which were previously required to be filed with the county recorder's office must be filed with the Illinois Secretary of State's UCC Division.

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