Publications

Section Newsletter Articles From Bradley W. Small

A review of the protections available to banks when dealing with attorneys-in-fact By Bradley W. Small and Amy C. Randazzo Commercial Banking, Collections, and Bankruptcy, March 2018 With changing technology allowing more people to easily create their own estate planning documents, authors Bradley Small and Amy Randazzo thought it might be time to review the protections banks have when working with a customer’s attorney-in-fact.
Is my bank client stuck paying for my fees to enforce a judgment? By Bradley W. Small Commercial Banking, Collections, and Bankruptcy, January 2017 Attorney fees and costs in obtaining a judgment are often included in the judgment, but what about the post-judgment costs and fees involved in enforcing the judgment?
Banks, bankruptcy and setoff: What can a bank do when an account holder files for bankruptcy? By Bradley W. Small and Amy Randazzo Commercial Banking, Collections, and Bankruptcy, May 2016 A bank has a common law right to setoff, and indeed usually includes setoff language in its various agreements with its account holders, but how effective are these when bankruptcy is involved?
Lis pendens notices By Bradley W. Small Commercial Banking, Collections, and Bankruptcy, October 2006 When it comes to parties with competing interests in real estate, the lis pendens notice plays an integral part in establishing priority of such interests.
Section 105 bankruptcy sanctions By Bradley W. Small and Philip D. Speicher Commercial Banking, Collections, and Bankruptcy, December 2005 Section 105 of the Bankruptcy Code, although used sparingly, is an alternative source of authority permitting the Bankruptcy Court to impose sanctions against those attorneys who abuse the courts or judicial process.
Payable on death accounts By Bradley W. Small Commercial Banking, Collections, and Bankruptcy, May 2002 Effective January 1, 2002, legislation was enacted providing that payable on death accounts may be held in the names of joint account holders
Bank counsel and the Bank Secrecy Act By Bradley W. Small Commercial Banking, Collections, and Bankruptcy, January 2001 As president of a national bank and an attorney, I recently received a phone call from the Office of the Comptroller of the Currency (OCC) concerning my bank's compliance with the Bank Secrecy Act (BSA).
Confidentiality of bank examination information expanded By Jerry D. Cavanaugh and Bradley W. Small Commercial Banking, Collections, and Bankruptcy, December 1999 Recent legislation signed by Governor Ryan (Senate Bill 447; Public Act 91-201), effective January 1, 2000, expands certain confidentiality provisions protecting Illinois banks and their customers.

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