Get Paid! Collecting on Commercial Debt: The Philosophy of the FightBy Adam B. WhitemanCommercial Banking, Collections, and Bankruptcy, October 2020It is critical when collecting on a commercial debt that you recognize patterns in the debtor’s behavior so that you prevent problems before they occur.
Lost Note Ruled EnforceableBy Michael WeissmanCommercial Banking, Collections, and Bankruptcy, October 2020A summary and analysis of Kim v. JP Morgan Chase Bank N.A.
The ‘New Default Rule’ Saves Lenders From the Harsh Results of the Single Re-Filing RuleBy Thomas J. CassadyCommercial Banking, Collections, and Bankruptcy, October 2020In Wilmington Savings Fund Society v. Barerra, the appellate court opinion gave lenders and mortgagees some relief from the harshness of the Illinois Supreme Court’s 2018 Cobo decision based on the “single re-filing rule.”
Second District Confirms That Receiver Certificates May Prime Prior LiensBy James M. Dash & Steven D. MroczkowskiCommercial Banking, Collections, and Bankruptcy, October 2020The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
For Everyone’s Sake: Get Terms of Commercial Credit in WritingBy James Richard Myers & Ariana E. ThurnauCommercial Banking, Collections, and Bankruptcy, August 2020Although we may long for a world where such is not the case, oral agreements to extend or modify commercial credit terms are not legally enforceable in Illinois.
Bank and Borrower Did Not Collude to Injure Another LenderBy Michael L. WeissmanCommercial Banking, Collections, and Bankruptcy, June 2020In NearGear Capital, Inc. v. Bank of Springfield, the question was whether Bank of Springfield had colluded with its borrower, Gateway Buick GMC, Inc. to injure Gateway’s floor plan lender, NextGear Capital, Inc.
Save Judicial Resources: Eliminate Orders for Alias SummonsBy Robert G. Markoff & Steven A. MarkoffCommercial Banking, Collections, and Bankruptcy, June 2020Judges contemplating how to resume their court calls should consider setting a specific time period for the plaintiff to obtain service.
When an Account Receivable Isn’t an Account ReceivableBy Michael WeissmanCommercial Banking, Collections, and Bankruptcy, April 2020The decision of the Supreme Court of Illinois in Accettura v. Vacationland focuses on an issue involving the validity of collateral on which lenders depend heavily—a borrower’s accounts receivable.
Second Citations to Discover Assets Directed to a Previous RespondentBy Robert G. MarkoffCommercial Banking, Collections, and Bankruptcy, February 2020Supreme Court Rule 277 imposes a major limitation on the number of citations to discover assets that may be issued to one party.
Trends in Overdraft Fee and NSF LitigationBy Matt Mulqueen & Robert TomCommercial Banking, Collections, and Bankruptcy, February 2020There has recently been an increase in class action lawsuits against banks and credit unions challenging the manner in which those institutions charge overdraft and non-sufficient funds fees.
Tweaks to Judgment Enforcement LawBy Robert G. MarkoffCommercial Banking, Collections, and Bankruptcy, February 2020P.A. 101-191, which was recently signed into law, updates and modernizes several aspects of judgment enforcement law related to citations to discover assets, garnishment, and wage deduction.
Credit card issuing banks have no common law remedies against a retail merchant with a data security breachBy Michael L. WeissmanCommercial Banking, Collections, and Bankruptcy, August 2018The U.S. Court of Appeals for the Seventh Circuit recently handed down a significant decision in Community Bank of Trenton v. Schnuck Markets, Inc., which involved the purported liability of a retail merchant to credit card issuing banks in the face of a data security breach.
Whose law is it?By Samuel H. LevineCommercial Banking, Collections, and Bankruptcy, August 2018Two recent cases, Z.B., NA v. Hoeller and Bonita Real Estate v. SLF IV Lending, attempt to answer which law governs a deficiency when the choice-of-law provisions in the promissory note and mortgage are in conflict.
Oh, those old cases—How they haunt youBy Thomas F. HartzellCommercial Banking, Collections, and Bankruptcy, December 2002We were recently involved in a mechanics lien case where we represented the plaintiff lumber company against the owner of the real estate, his contractor and the bank as mortgagee.
Update by banking committeeBy Timothy J. HowardCommercial Banking, Collections, and Bankruptcy, December 2002This is a case that seeks to shift the responsibility of errant employees to banks instead of their employers.
Enforceablilty of intercreditor agreements in bankruptcyBy John C. MurrayCommercial Banking, Collections, and Bankruptcy, August 2002A recent Illinois bankruptcy court decision, In re 203 N. LaSalle Street Partnership, 246 B.R. 325 (Bankr. N.D. Ill. 2000), deals specifically with the rights of parties to an intercreditor agreement.
Payable on death accountsBy Bradley W. SmallCommercial Banking, Collections, and Bankruptcy, May 2002Effective January 1, 2002, legislation was enacted providing that payable on death accounts may be held in the names of joint account holders
Perfecting and enforcing a security interest in an option to purchase real estateBy John C. MurrayCommercial Banking, Collections, and Bankruptcy, May 2002If a person or entity acquires an option from the owner of a parcel (or parcels) of real estate to purchase such real estate, is the optionee's interest personal property or real property
Securing the right to receive government payments under revised article 9By Jeffrey A. MolletCommercial Banking, Collections, and Bankruptcy, May 2002Whether a security interest in government program payments is perfected has always been at the center of debate, generally in the bankruptcy or "farmer-in-distress" context, and the issue remains largely unresolved by the recent revisions to Article 9 of the Illinois Uniform Commercial code which took effect on July 1, 2001
Can a Chapter 7 debtor’s attorney be compensated from the bankruptcy estate?By Jeffrey D. RichardsonCommercial Banking, Collections, and Bankruptcy, February 2002Like many issues in bankruptcy law the answer to the question of whether a debtor's Chapter 7 bankruptcy attorney can be compensated from the bankruptcy estate depends on whether you try to determine the purely logical answer to the question or whether you refer to the actual statute
SBA is still approving creditsBy Lewis F. MatuszewichCommercial Banking, Collections, and Bankruptcy, February 2002The United States Small Business Administration (SBA) continues to administer many programs designed to assists small and middle size businesses.
View from the chairBy Gary T. RafoolCommercial Banking, Collections, and Bankruptcy, February 2002There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.
Appellate court protects guarantor in dispute over collateral proceedsBy Jeffrey D. CavanaughCommercial Banking, Collections, and Bankruptcy, November 2001In an opinion issued in September, an Illinois appellate court concluded that a bank breached its obligation to a guarantor when the bank used proceeds from the sale of collateral to pay off an unsecured loan that was not covered by the guaranty.
Illinois Supreme Court overturns decision against mortgage lenderBy Jeffrey D. CavanaughCommercial Banking, Collections, and Bankruptcy, November 2001In Voyles v. Sandia Mortgage Corporation (2nd District; 1999), an Illinois appellate court ruled that a mortgage company ("Lender") could be held liable for refusing to accept mortgage payments when the amount of those payments was in dispute and for subsequently reporting negative credit information as a result of the Lender's refusal to accept the tendered payments.
Predatory lending—a perspective for the mortgage attorneyBy Celeste M. HammondCommercial Banking, Collections, and Bankruptcy, November 2001Predatory lending practices are getting a tremendous amount of attention: in the press, in the title industry; in the mortgage banker industry; in the consumer industry; in Congress, state and local governments.