Bankruptcy 2005: New landscape for preference proceedingsBy Kevin C. Driscoll, Jr.December 2005Though largely noted for its reform of consumer bankruptcy law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (New Code) makes notable changes to non-consumer bankruptcy law.
Case law updateBy Timothy J. HowardFebruary 2005Since our last meeting, we report the following matters relating to banking law.
Check 21 in 2005By Tamik A. BryantMarch 2005The Check Clearing for the 21st Century Act ("Check 21"), which went into effect October 28, 2004, is designed to facilitate the broader use of electronic check processing without mandating that any bank change its current check collection practices, and reduce the cost of physically handling and transporting original paper checks.
Federal and state banking law casesBy Timothy J. HowardDecember 2005Sklodowski brought this class action against the defendant mortgage company for alleged breach of mortgage note, breach of fiduciary duty and violation of the Illinois Consumer Fraud and Deceptive Practices Act.
Section 105 bankruptcy sanctionsBy Bradley W. Small & Philip D. SpeicherDecember 2005Section 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.
Update by banking committeeBy Timothy J. HowardJuly 2005In this meeting's report, I picked up two cases that I missed from December 2004. Fortunately, not many cases have been reported since our February meeting, so the report is very short.
An update on “Miranda Warnings” for debt collection lawsuitsBy Patrick E. Ward & Darla A. FoulkerJuly 2005"You have the right to dispute this debt. Anything you say can and will be used against you in a court of law . . . ." If this sounds like the debt police, you better take a look atThomas v. Law Firm of Simpson & Cybak ,et al.