Protecting Aircraft Collateral Protects LendersBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, April 2026Secured loans require collateral, and lenders usually protect the collateral with certain provisions—like requiring insurance in a certain amount. But insurance alone may not be sufficient for uncommon types of loans. Counsel for lenders should strongly encourage that their clients require aircraft borrowers have their aircraft be enrolled in a bank-approved engine program as part of the loan agreement.
Remembering Veterans DayBy Michael G. CortinaBench and Bar, December 2025A salute to Veterans Day and a reflection on veterans in the practice of law.
The Cost of Doing BusinessBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, September 2025Learn more about the control banks have when responding to third party requests for documents and information, and how creditors should tailor their citations to banks as much as possible.
A Tale of Two LicensesBy Michael G. CortinaSenior Lawyers, October 2024“No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of [Illinois], and a resident of the unit which selects him.”
A Tale of Two LicensesBy Michael G. CortinaBench and Bar, September 2024“No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of [Illinois], and a resident of the unit which selects him.”
Thanking Us for Our ServiceBy Michael G. CortinaBench and Bar, December 2022Although thanking veterans for their service is appreciated, there are additional ways to show support and gratitude.
In Memoriam: Amber Lynn BishopBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, October 2022In memory of Amber Lynn Bishop.
Split DecisionBy Michael G. CortinaBench and Bar, September 2020Before we answer the question of whether we can modify the rules and regulations to allow for the splitting of professional fees with non-professionals, we need to answer the more basic question of whether we should even try.
The Illinois Two-Step: The Forbidden Dance?By Michael G. CortinaBench and Bar, May 2020When there is a dispute as to the validity of a mortgage and the mortgagee wants to foreclose, some lawyers may consider filing declaratory judgment actions that seek a declaration that the mortgage is valid so that they can later file another action to foreclose the judicially-declared valid mortgage—but this is against the spirit of Illinois mortgage foreclosure law and may violate the tenets of res judicata.
Stepping Up May Need to Step OutBy Michael G. CortinaBench and Bar, September 2019While it is very common for an attorney to "step up" for the attorney of record in a case, should this practice even exist?
Blown out of proportionBy Michael G. CortinaBench and Bar, May 2019Crystal Lake Limited Partnership v. Baird & Warner Residential Sales, Inc. provides an interesting reminder regarding fee-shifting clauses and how courts should enforce them.
Judging judgesBy Michael G. CortinaBench and Bar, July 2018Trial experience is often seen as the measurement that matters the most in selecting judges, but other qualifications and experience should also be factored in when evaluating judicial candidates.
Returning to the fray after dischargeBy Michael G. CortinaBench and Bar, January 2018The “return to the fray” doctrine is a little-known theory that could result in harsh consequences for debtors that receive a discharge in bankruptcy, but choose to continue litigating post-discharge against creditors or other entities.
When defense is offense: Burdens of proof in mortgage foreclosure trialsBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, August 2016Despite the scant amount of published decisions on the topic, the only Illinois decisions pertaining to the proof required in mortgage foreclosure cases state that the mortgagee merely needs to offer the note and mortgage into evidence in order to prove its prima facie case.
Lawyers can benefit from judicial heuristicsBy Michael G. CortinaBench and Bar, June 2016A look at different cognitive shortcuts and how attorneys can use them to assist their clients.
Caught by recaptureBy Michael G. CortinaReal Estate Law, April 2016Not only did the appellate court affirm the decision of the trial court, which found that recapture rights are not a part of real estate and cannot be terminated by foreclosure, it also affirmed the decision to award $179,000 in attorneys’ fees to the appellee as the prevailing party in the litigation.
Play it as it lies: Dealing with unlawful judgment by confession clausesBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, January 2015In the game of golf, the ball should be played from where the player finds it without any improvement to the situation; the same should occur if a court finds itself dealing with parties to an unlawful confession of judgment clause, which is to leave the parties where it finds them. Play it as it lies.
“Good cause”: A phrase in search of a definitionBy Michael G. CortinaBench and Bar, July 2014Until the IMFL is amended to include a definition of “good cause,” mortgagors and mortgagees alike will be saddled with the burden of creating arguments as to why “good cause” exists and leave the decision to the discretion of the trial court judge.
“Good cause”: A phrase in search of a definitionBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, April 2014Until the IMFL is amended to include a definition of “good cause,” mortgagors and mortgagees alike will be saddled with the burden of creating arguments as to why “good cause” exists and leave the decision to the discretion of the trial court judge.
Marzano is overruled, and there was much rejoicingBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, April 2014This article briefly reviews the decision of BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP v. Mitchell and how it overruled Marzano and held that a party’s waiver of personal jurisdiction is prospective only and does not retroactively validate void orders entered by the circuit court without personal jurisdiction.
In rem is incomplete: Re-thinking a common foreclosure practiceBy Michael G. Cortina, Amber L. Michlig, & Stephen J. ButlerCommercial Banking, Collections, and Bankruptcy, February 2013This article argues that an in rem deficiency only applies in certain circumstances and concludes that if an in personam deficiency is sought in the complaint and not granted, the court leaves open the ability of the plaintiff to later sue the debtor again in order to obtain a personal judgment for the amount of the deficiency.
The nightmare scenarioBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, August 2012Rather than trying to “get one by” the judge and hope that s/he does not notice that we forgot something, we should strive to prove that we have done all that could possibly be required of us and that when we ask for relief from the court the judge will know that we are entitled to such relief.
The nightmare scenarioBy Michael G. CortinaReal Estate Law, August 2012Rather than trying to “get one by” the judge and hope that s/he does not notice that we forgot something, we should strive to prove that we have done all that could possibly be required of us and that when we ask for relief from the court the judge will know that we are entitled to such relief.
The answer is in the minutesBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, December 2010An explanation of the differences between a deed in lieu of foreclosure and a consent foreclosure, and why one is not always better than the other.
Trapping Peter to Save Paul: How Marzano creates a jurisdictional trap for defendantsBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, January 2009A brief review of GMB Financial, Inc. v. Marzano and a discussion of how the court dealt with jurisdictional matters and how unwary defendants may find themselves giving the court jurisdiction, even on void judgments, without even realizing it.
The importance of being thoroughBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, November 2007Banks are usually the first target for creditor’s rights attorneys who are seeking to collect on a judgment.
Federal Grand Jury subpoenas: Forcing banks to work for freeBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, August 2006From time to time, banks will be served with a subpoena to produce documents for a federal grand jury investigation.
Chapter 9 Bankruptcy in Illinois: The obvious now has precedentBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, March 2006Since the Bankruptcy Reform Act of 1994, there has been little question as to the lack of eligibility of municipalities in Illinois for relief under Chapter 9 of the United States Bankruptcy Code.
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