Section Newsletters

Articles on commercial banking

The End Is Near By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, November 2025 An introduction to the current issue and a nod to the close of 2025. 
Frequently Asked Questions and Suggested Best Practices Related to Generative Artificial Intelligence in the Legal Profession By Carolyn Elefant Commercial Banking, Collections, and Bankruptcy, November 2025 AI in the practice of law is becoming unavoidable--familiarize yourself with obligations that may arise with usage of AI in your practice, including copyright, plagiarism, disclosure, privacy and confidentiality, duty to supervise, and legal ethics. 
Hyman’s Holdings: Knowing When To Stand Firm By Justice Michael B. Hyman Commercial Banking, Collections, and Bankruptcy, November 2025 In 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 Ahead By Ted M. Niemann Commercial Banking, Collections, and Bankruptcy, November 2025 The 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 Enforcement By Julia Jensen Smolka Commercial Banking, Collections, and Bankruptcy, November 2025 Familiarize 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.
1 comment (Most recent November 19, 2025)
Observations From a Judge on Collection Litigation, and Perhaps All Litigation By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, November 2025 An 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. 
1 comment (Most recent November 27, 2025)
The Transient Debtor and the Debtor’s Homestead Exemption By Laura E. Richardson Commercial Banking, Collections, and Bankruptcy, November 2025 Courts 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 End By Judge Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, September 2025 A 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 Business By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, September 2025 Learn 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 Valid By Robert Handley Commercial Banking, Collections, and Bankruptcy, September 2025 A 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 Statute By Keith Barnstein Commercial Banking, Collections, and Bankruptcy, September 2025 There 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 Procedure By Robert G. Markoff Commercial Banking, Collections, and Bankruptcy, September 2025 Public 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.
Supreme Court Clarifies That Courts Must Stay Rather than Dismiss Cases Referred to Arbitration By Stephen I. Lane Commercial Banking, Collections, and Bankruptcy, October 2024 In Smith v. Spizzirri, a court cannot deny a party's request for a stay pending arbitration and dismiss the case. Section 3 of the FAA compels the court to issue a stay.
Update on Artificial Intelligence in the Illinois Courts By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, October 2024 To 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.
Welcome to the Fall of 2024 By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, October 2024 A note from the editor. 
What Is the Judicial Performance Evaluation Program?: Insights From a Facilitator By Mitchell L. Hoffman Commercial Banking, Collections, and Bankruptcy, October 2024 Under the Illinois Supreme Court program for mandatory judicial evaluation, judges are confidentially evaluated by the attorneys who appear before them and the court staff who serve in their courtrooms
Bank Class Action Developments: Latest Wave Targets Fees for Returned Third-Party Checks By Gregory D. Omer Commercial Banking, Collections, and Bankruptcy, June 2024 Three large Wall Street banks have all been sued recently over charging the same type of fees to customers for depositing checks that are later returned.
How Can ODR Help Courts in Illinois? By Judge Michael Chmiel Commercial Banking, Collections, and Bankruptcy, June 2024 With the assistance of ChatGPT, the author invesetigates the ways online dispute resolution can advance the cause of the rule of law and access to justice in Illinois.
Appeal of Mortgage Foreclosure Case Where Property Is Sold to Third Party Who Was Not a Party to the Litigation Is Moot Unless the Appellant Previously Obtained a Stay of the Trial Court’s Judgment By Kevin J. Stine Commercial Banking, Collections, and Bankruptcy, May 2024 In PHH Mortgage Corp.v. Restrepo, the appellate court determined that defendant's petition for relief from judgment that sought to vacate both the judgment of foreclosure and the order confirming the sheriff's sale of defendant's home were moot and barred because the subject property had been sold to an unrelated third party purchaser and defendant had not obtained a stay of the trial court's order confirming the sale within the time frame allowed for filing an appeal from that order.
Trial Court Can Enter a Nunc Pro Tunc Order More than 30 Days After Final Judgment Is Entered to Correct a Mistake or Clerical Error if Proper Notice of the Motion Is Given to All Parties By Kevin J. Stine Commercial Banking, Collections, and Bankruptcy, May 2024 In SMS Financial Recovery Services, LLC v. Rodriguez, the court of appeals determined that a trial court can enter a nunc pro tunc order more than 30 days after final judgment is entered to correct a mistake or clerical error as long as proper notice of the motion is given to all parties.
Celsius Cryptocurrency Woes: Bad News for Those Whose Cryptocurrency Is Trapped in the Estate, Could Be Worse for Those Who Think They’ve Escaped By Ronald A. Spinner Commercial Banking, Collections, and Bankruptcy, April 2023 A summary and analysis of In re Celsius Network LLC, et al.
Here Comes the Sun By Judge Michael Chmiel Commercial Banking, Collections, and Bankruptcy, April 2023 An introduction to the issue from the editor.
The Use of Artificial Intelligence in Commercial Litigation By Judge Michael Chmiel Commercial Banking, Collections, and Bankruptcy, April 2023 The use of artificial intelligence in the legal industry has been on the rise in recent years and has been particularly useful in commercial litigation.
If the Dress Fits, You Must Acquit: A Trial Lawyer’s Tale By Julia Jensen Smolka Commercial Banking, Collections, and Bankruptcy, February 2023 A member of the section council shares a memorable case that went to trial.
Obligations of a Dissolved Corporation Versus a Dissolved LLC By Douglas C. Giese Commercial Banking, Collections, and Bankruptcy, February 2023 An overview of how Illinois law addresses the dissolution of different business entities.
Personal Injury Plaintiff Fails to Disclose Lawsuit in Chapter 13 Bankruptcy Petition By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2023 A summary and analysis of Duniver v. Clark Material Handling Co., et al.
Repair Service Providers and the Labor and Storage Lien (Small Amount) Act By Dominic G. Erbacci Commercial Banking, Collections, and Bankruptcy, February 2023 The Illinois Labor and Storage Lien Act gives a business the right to sell an item at a public or private sale and keep the proceeds.
Assignment of Promissory Note Includes Assignment of Continuing Guaranty By Kevin Stine Commercial Banking, Collections, and Bankruptcy, November 2022 In Amos Financial, LLC v. Szydlowski, the trial court entered summary judgment in favor of a creditor enforcing a promissory note guarantee. The appellate court affirmed.
Service of Third-Party Citation to Discover Assets Via Email Is Not Effective By Kevin Stine Commercial Banking, Collections, and Bankruptcy, November 2022 In Midwest Commercial Funding, LLC v. Kelly, the appellate court determined that service of a third-party citation to discover assets was not effective when sent via email.
Bank Loses Claim to Collateral By Michael Weissman Commercial Banking, Collections, and Bankruptcy, July 2022 Although after-acquired personal property collateral can be included in a bank's collateral by using an after-acquired clause in the collateral description, that is not true of real estate. 

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