Anticipatory Discovery: Predicting Issues in LitigationBy Devin J. Piper & Mary DalenbergCommercial Banking, Collections, and Bankruptcy, June 2026Anticipatory discovery is not about expanding the scope of litigation, it is about ensuring your access to relevant evidence, and making sure you have what you need to best advocate for your client. By framing targeted early discovery, and sequencing strategically, counsel can optimize their position and set their case up for fair resolution.
Generative Artificial Intelligence in Illinois Civil Litigation: A Practical Guide for Practitioners and the Bench in Collections, Commercial Law & Bankruptcy PracticeBy Hon. Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, June 2026The courtrooms and law offices of Illinois are changing. Generative artificial intelligence—technology that can draft documents, synthesize case law, analyze financial records, and predict outcomes—is no longer a distant promise from a technology conference. It is here, it is being used by opposing counsel, and whether you have deliberately adopted it or not, it is already reshaping the competitive landscape of civil litigation.
Graduations and New BeginningsBy Hon. Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, June 2026An introduction to the current issue of the newsletter, celebrating new beginnings and recognizing a former member.
Philip N. Hablutzel, 1935-2026Commercial Banking, Collections, and Bankruptcy, June 2026In memory of Philip N. Hablutzel, a dedicated husband, father, and attorney who served in various capacities throughout his life.
Education and AI AboundBy Hon. Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, April 2026A note from the Co-Editor of the Commercial Banking, Collections, and Bankruptcy Section Newsletter, including a look at benefits and challenges of artificial intelligence.
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.
Unforeseeable Business Circumstances Exception as a Defense to a Claim Brought Under the WARN ActBy Hon. Alon SteinCommercial Banking, Collections, and Bankruptcy, April 2026The WARN Act requires that business enterprises which employ 100 or more employees give employees 60-days notice in advance of any mass layoffs or plant closings, unless certain exceptions apply. The Unforeseeable Business Circumstances Exception is very fact sensitive. Attorneys need to be aware of this argument when defending WARN Act claims.
Updated Judgment Enforcement Forms: Citations To Discover AssetsBy Robert G. MarkoffCommercial Banking, Collections, and Bankruptcy, April 2026The Administrative Office of the Illinois Courts, Access to Justice Division, Forms Project, has just released updated forms for the enforcement of judgments. The new forms are effective immediately. They incorporate changes required by Public Act 104-0120 effective January 1, 2026.
You Have a Right for Discovery and a Hearing: When Defending 2-619 Motions To Dismiss You Can Seek Discovery and Have an Evidentiary HearingBy Hon. Alon SteinCommercial Banking, Collections, and Bankruptcy, April 2026When served with a 2-619 Motion to Dismiss early in litigation, the respondent needs to know that there are tools at its disposal to prevent a potential rush to judgment, such as discovery and an evidentiary hearing. Carefully review the Illinois Code of Civil Procedure, Illinois Rules of Evidence, and Illinois Supreme Court Rules for the tools that can be used to combat a 2-619 Motion to Dismiss.
Hedge Funds: A Response to a Run on the FundBy Sylvia TolczykCommercial Banking, Collections, and Bankruptcy, February 2026By nature, hedge funds are highly leveraged and illiquid.Where investors rush to redeem investments, a self-reinforcing downward spiral can spread. This fear causes other investors to also request redemptions, further worsening the problem. When redemption demand outnumbers the fund’s underlying assets, hedge fund managers may face a “run on the fund.”
Settling Cases by Consent JudgmentBy Hon. Alon SteinCommercial Banking, Collections, and Bankruptcy, February 2026Yes, you do have settlement authority and you are negotiating in good faith if the only thing your client can offer at a pretrial settlement conference is a consent judgment!
Welcome to 2026 Where Life Happens as We Try To Hold the Line on DecorumBy Hon. Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, February 2026A note from the Editor of the Commercial Banking, Collections, and Bankruptcy Newsletter regarding the current issue and the start of the new year.
You Can Run but Can’t Hide: Service via Social Media, Email, and Text MessagesBy Hon. Alon Stein & Hon. Yolanda SayreCommercial Banking, Collections, and Bankruptcy, February 2026Have you ever had that elusive defendant that was dodging service? How amazing would it be if you could text the summons and complaint to that defendant or serve him or her via Facebook through an account where he or she had continuously posted pictures of their lavish vacation? The good news is: you can!
The End Is NearBy Hon. Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, November 2025An introduction to the current issue and a nod to the close of 2025.
Hyman’s Holdings: Knowing When To Stand FirmBy Justice Michael B. HymanCommercial Banking, Collections, and Bankruptcy, November 2025In his new column, Hyman's Holdings, featured in the Civil Practice & Procedure Newsletter, Justice Hyman explores various topics related to the legal profession.
Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s AheadBy Ted M. NiemannCommercial Banking, Collections, and Bankruptcy, November 2025The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today!
Judgments in Illinois: What Attorneys Need To Know About Confession, Revival, and EnforcementBy Julia Jensen SmolkaCommercial Banking, Collections, and Bankruptcy, November 2025Familiarize yourself with collection procedures to best serve your clients. This article examines judgment collection, including confessions of judgment, vacating a judgment, reviving dormant judgments, bankruptcy, and pre-judgment attachment.
Observations From a Judge on Collection Litigation, and Perhaps All LitigationBy Hon. Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, November 2025An insightful behind the scenes look at thoughts from a 21-year-tenured judge in the 22nd Judicial Circuit Court regarding time standards, technology, mentorship, and standing orders.
The Transient Debtor and the Debtor’s Homestead ExemptionBy Laura E. RichardsonCommercial Banking, Collections, and Bankruptcy, November 2025Courts are split regarding the application of extraterritorial exemption law in bankruptcy cases. As the population becomes more migratory, bankruptcy practitioners should be cognizant of the laws surrounding transient debtors who may be filing bankruptcy in a new state.
Back To Work at Summer’s EndBy Judge Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, September 2025A note from the Editor of the Commercial Banking, Collections, and Bankruptscy Newletter regarding the closing of summer, the beginning of fall, and the current issue.
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.
Note Is Unenforceable but the Lien on the Property Remains ValidBy Robert HandleyCommercial Banking, Collections, and Bankruptcy, September 2025A summary of Chicago Title Land Trust v. Sara Watkin, 2025 IL App (1st) 241354, and lessons learned about the validity of notes and liens on property.
Passing Judgment on the Consumer Debt Judgment StatuteBy Keith BarnsteinCommercial Banking, Collections, and Bankruptcy, September 2025There is not a legal presumption that any particular debt is a consumer debt judgment. Therefore, absent an evidentiary finding by the trial court, a judgment should not automatically be assumed to be a consumer debt judgment.
Public Act 104-0120: Amendments to the Code of Civil ProcedureBy Robert G. MarkoffCommercial Banking, Collections, and Bankruptcy, September 2025Public Act 104-0120 amends certain sections of the Illinois Code of Civil Procedure, including provisions relating to small claims, citations to discover assets, revival of judgments, garnishment, and exemptions.
Update on Artificial Intelligence in the Illinois CourtsBy Hon. Michael J. ChmielCommercial Banking, Collections, and Bankruptcy, October 2024To some extent, the fury involved with Artificial Intelligence has slowed, but be advised AI continues to evolve and impact the fray of legal practice in Illinois and beyond.
