2020 Articles

Bank and Borrower Did Not Collude to Injure Another Lender By Michael L. Weissman June 2020 In 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.

Bank Not Liable for Failing to Stop Check-Kiting Scheme By Michael Weissman September 2020 A summary and analysis of Midwest Feeders, Inc. v. Bank of Franklin.

Boosting Wellness and Managing Stress During Quarantine By Erin Clifford, E. Kenneth Wright, Jr., & Michael B. Hyman May 2020 Wellness and stress management tips during COVID-19.

The Case for Civility: My Perspective By Robert Fioretti March 2020 Three lessons in civility that you can learn in the courtroom.

The CFPB’s Debt Collection Rulemaking: Flagging the Privacy Issues By Elizabeth Khalil March 2020 While the Consumer Financial Protection Bureau is focused on debt collection practices, privacy concerns underlie many provisions of the law and proposed regulation.

Change Can Be Good By Judge Michael Chmiel September 2020 A note from the editor, Judge Michael Chmiel.

Chicken Dinner Warrants Recusal? Not So Fast! By David W. Inlander & Ronald D. Menna, Jr. April 2020 An analysis of judicial recusal.

Commercial Banking, Collections, and Bankruptcy in the Summer of 2020 By Judge Michael Chmiel August 2020 A note from the editor, Judge Michael Chmiel.

COVID-19 Sparks Renewed Interest in Online Dispute Resolution By Jay Schleppenbach May 2020 In the legal world, some are looking to online dispute resolution as a fitting solution for legal problems in the era of social distancing.

Creditors’ Willful Violation of the Automatic Stay Under 11 U.S.C. § 362(k) of the Bankruptcy Code: When the Debtor Initiates Contact By Taofikat I. Ninalowo February 2020 A discussion of creditors’ willful violation of the automatic stay under section 362 of the Bankruptcy Code.

Do You Know Who You Are Dealing With? Get the Legal Business Name of Your Customer By Adam B. Whiteman November 2020 If you are entering in to a contract or a credit agreement by which you will be providing goods or services to another business, it is critical that you correctly identify your customer’s name on the contract and/or credit agreement.

Failure to Review UCC Filings Leads to Loss for Lender By Michael Weissman December 2020 In Metropolitan Capital Bank and Trust v. Feiner, the lender was suing the defendant for common law fraud and conspiracy to commit fraud. At issue was whether the lender was justified in relying solely upon the defendant’s fraudulent statements or had a duty to dig deeper.

The Fall of the Pandemic By Judge Michael Chmiel October 2020 A note from the editor, Judge Michael Chmiel.

A Few Interesting Practice Issues That You May Not Regularly Deal With By Stanley N. Wasser May 2020 A look at how to handle issues you may not come across regularly in your federal civil practice.

For Everyone’s Sake: Get Terms of Commercial Credit in Writing By James Richard Myers & Ariana E. Thurnau August 2020 Although 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.

Get Paid! Collecting on Commercial Debt: The Philosophy of the Fight By Adam B. Whiteman October 2020 It 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.

How Do You Verify the Identity of a Data Requestor? By David Adler March 2020 Under the California Consumer Privacy Act, companies must allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted. By keeping data minimization objectives in mind and not over-thinking compliance obligations, verifying the identity of a data requestor may be straight-forward.

The Illinois Bar Foundation Needs Your Help By Rory T. Weiler November 2020 The Illinois Bar Foundation, which assists fellow lawyers who have fallen upon hard times, has acted quickly to address the economic crisis that has resulted from COVID-19.

The Implied Warranty of Habitability: Implications for the Builder and the Homeowner By Adam B. Whiteman July 2020 If the implied warranty of habitability is not waived, builders leave themselves at risk from being sued by persons they never contracted with and new homeowners may find they have rights that they never anticipated.

Is Your Contract Immune to COVID-19? By Jonathan B. Kaman July 2020 COVID-19 will continue to cause attorneys to scrutinize force majeure clauses in an effort to guide clients through these unpredictable and unprecedented times.

Jurisdiction Stripping and the Presumption of Judicial Review: Who Gets to Make the Call in 2020 By Patrick M. Kinnally April 2020 A look at issues of congressional authority as we head into 2020.

Livestreaming Court Cases By Kellen J. Dykstra November 2020 A look at the livestreaming of court proceedings during COVID-19.

Lost Note Ruled Enforceable By Michael Weissman October 2020 A summary and analysis of Kim v. JP Morgan Chase Bank N.A.

Merry Christmas & Happy Holidays By Judge Michael Chmiel December 2020 A note from the editor, Judge Michael Chmiel.

Mortgage Foreclosure Case Updates By Stephen Daday, Nathan Buikema, & Julie Repple July 2020 Summaries of recent cases of interest.

The ‘New Default Rule’ Saves Lenders From the Harsh Results of the Single Re-Filing Rule By Thomas J. Cassady October 2020 In 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.”

Newsletter Editor Comments By Judge Michael Chmiel April 2020 A note from the editor, Judge Michael Chmiel.

Newsletter Editor Notes By Judge Michael Chmiel March 2020 A note from the editor, Judge Michael Chmiel.

Newsletter Editor Update By Judge Michael Chmiel February 2020 A note from the editor, Judge Michael Chmiel.

Newsletter Editor’s Pandemic Update By Judge Michael Chmiel May 2020 A note from the editor, Judge Michael Chmiel.