Section Newsletters

Articles on Commerical Banking

As We Close the Year By Judge Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, May 2025 An introduction to the issue from the editor.
Bankruptcy Court Upholds CNB Bank’s Secured Creditor Status Despite Entity Name Discrepancies: Southern District of Illinois Finds Name Misnomer Does Not Defeat UCC Attachment or Perfection By Deanna L. Litzenburg Commercial Banking, Collections, and Bankruptcy, May 2025 A bankruptcy court in Illinois upheld CNB Bank’s status as a secured creditor, despite inconsistencies in the debtor’s name across loan documents. The court ruled that the name discrepancy was a minor error and did not invalidate the bank’s security interest under the UCC, as the debtor’s identity was clear and consistent with the business’s operations.
Turn On Your Video! By Judge James A. Shapiro & Thomas DeMouy Commercial Banking, Collections, and Bankruptcy, May 2025 Few things are more annoying to a judge than when we can't see the litigant or lawyer we are addressing (or who is addressing us). I once heard a judge describe it on Zoom as the equivalent of "hiding under the benches in court." During the height of the pandemic, there were judges who were not turning on their video as well. Without naming names, my former presiding judge once had to remind everyone in the division to turn on their videos. To a self-represented litigant–much less a lawyer–it must be like addressing the Great Oz in The Wizard of Oz: "Pay no attention to that man behind the curtain!" Pay no attention to that judge on the blank screen. It was inexcusable and unacceptable.
Using AI to Help Run Your Law Practice By Claudia Badillo Commercial Banking, Collections, and Bankruptcy, May 2025 A seasoned consumer bankruptcy attorney describes how they overcame reluctance to use AI tools in their legal practice, particularly for improving client communication in Chapter 13 bankruptcy cases. Struggling to clearly convey complex legal obligations to clients post-filing, the attorney used ChatGPT to generate a comprehensive FAQ section for their website. 
Help Your Client (And Yourself) Stay Out of Hot Water — What to Look for When Preparing a Case to Make Sure Disclosures Are Complete and Discharge Is Not in Jeopardy By Andrew S. Erickson Commercial Banking, Collections, and Bankruptcy, March 2025 As a Chapter 7 panel trustee, the author shares issues they have encountered for practitioners to consider. The author stresses the importance of actually looking at the records provided by the client and asking follow-up questions on anything that is unclear prior to filing. 
1 comment (Most recent April 1, 2025)
Lender Is Entitled to a Prepayment Penalty Equal to the Amount of Bid at Foreclosure Sale By Kevin J. Stine Commercial Banking, Collections, and Bankruptcy, March 2025 The Appellate Court in Wilmington Trust, National Association v. Thor Palmer House Retail, LLC, 2025 IL App (1st) 241085, No. 1-24-1085 (February 20, 2025) affirmed that a lender is entitled to charge a prepayment penalty as provided for in the loan documents equal to the amount bid at the foreclosure sale.
Now Comes the Spring By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, March 2025 An introduction to the issue from the editor.
Representing Creditors in Bankruptcy: Key Considerations for Effective Representation By Julia Jensen Smolka Commercial Banking, Collections, and Bankruptcy, March 2025 This article examines prohibited activities under Section 362(a), including the nuances of filing mechanics liens, modifying the stay, the implications of preferences, and the motions creditors may file to protect their interests.
Burrink Commercial Services v. New Life Covenant Church By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2024 In Burrink Commercial Services v. New Life Covenant Church, the appellate court dismissed a complaint to foreclose a mechanics lien as factually insufficient because the complaint improperly characterized two contracts as one.
Navigating the Future of Commercial Litigation: Top Five Trends to Watch in 2025 By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, December 2024 As we approach 2025, the landscape of commercial litigation continues to evolve, influenced by technological advancements, shifting regulatory frameworks, and changing business practices. For attorneys practicing in the commercial banking, collections, and bankruptcy sectors, staying abreast of these trends is crucial for effective representation and strategic planning. This article explores five of the hottest topics in commercial litigation that are likely to shape the field in the coming years.
New Rule: Service of Process in Cook County By Judge E. Kenneth Wright, Jr. & Robert G. Markoff Commercial Banking, Collections, and Bankruptcy, December 2024 A new law recently signed by Governor J. B. Pritzker now allows licensed private detectives and their employees to serve process in Cook County without court appointment. The new law is effective as of January 1, 2025.
Notebook LM: A Powerful and Useful Tool By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, December 2024 Notebook LM enables users to generate things like summaries and podcasts through downloads.
Winter 2024 Is Here By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, December 2024 A note from the editor.
Central District Local Bankruptcy Rules Become Effective October 1, 2024 By Sumner Bourne Commercial Banking, Collections, and Bankruptcy, October 2024 In February 2024, the bankruptcy court for the Central District of Illinois announced that it would begin the local rules process -- for the first time in its history. The court issued draft proposed rules with a public comment period that expired February 29, 2024. The authorization for local rules and authority of the bankruptcy court was approved by order of the district court on September 5, 2024.

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