Commercial Banking, Collections, and Bankruptcy

House Bill 2665

Topic: 
Guardianship of a disabled adult

(Davis, D-East Hazel Crest) amends the Probate Act of 1975 to provide that a person may not act as the guardian of an adult with a disability until he or she has completed a training program developed by the State Guardian or by another suitable provider approved by the court. Exempts public guardians, state guardians, attorneys currently authorized to practice law, and persons who are certified as National Certified Guardians by the Center for Guardianship Certification. Provides that the Governor may designate, without the advice and consent of the Senate, the Office of State Guardian as an interim public guardian to fill a vacancy in one or more counties. Makes other changes. It has just been introduced.

 

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House Bill 3054

Topic: 
Judicial complaints

(Davis, D-East Hazel Crest) requires that every circuit court judge announce that a person can file a complaint against him or her, before calling the first case of the day, and that a person can pick up a form with instructions on filing a complaint from the clerk. Requires that the clerk of the circuit court make available instructions for the filing of a complaint against a judge with the Judicial Inquiry Board. Requires that the clerk post within each courtroom a notice that a person may file a complaint against the judge and that instructions for filing a complaint may be obtained from the clerk. It has just been introduced. 

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House Bill 3089

Topic: 
Probate Act of 1975

(Mitchell, R-Decatur) requires that a specified notice to creditors be delivered to the Illinois Department of Healthcare and Family Services, at the Bureau of Collections at the Chicago office of the Department, if the decedent was 55 years of age or older or resided in a nursing facility or other medical institution. Requires that a copy of the petition to admit the will to probate or for letters of administration and the decedent's social security number and date of birth be attached to the notice delivered to the Department. It was just introduced.  

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Senate Bill 951

Topic: 
Illinois Administrative Procedure Act

(Oberweis, R-Sugar Grove) provides that the notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case. 

Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than two secondary electronic mail addresses. 

Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified sections may be transmitted. 

Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission. It has just been introduced. 

 

 

 

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Senate Bill 1246

Topic: 
Exempt from collection

(Bennett, D-Champaign) makes moneys held in educational expense accounts and similar types of educational savings accounts exempt from judgment, attachment, or distress for rent. This would include, but not be limited to, funds invested in an ABLE Account and funds invested in a 529 Plan. It has just been introduced. 

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Lardas v. Grcic

Federal 7th Circuit Court
Lardas v. Grcic
Civil Court
Standing
Citation
Case Number: 
Nos. 15-1685 et al. Cons.
Decision Date: 
February 3, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant’s motion to dismiss plaintiff’s breach of contract/fraudulent inducement action, alleging that defendants induced her into participating in global settlement that gave plaintiff’s nephew 99 percent interest in Polish shopping plaza, which was lost through alleged subsequent maneuvers by defendants when shopping plaza defaulted on loan. Dist. Ct. could properly find that plaintiff lacked standing to pursue instant action, where plaintiff had no current or contingent interest in shopping plaza. Moreover, plaintiff could not assert in Rule 59(e) motion for reconsideration claim that nephew was third-party beneficiary with respect to global settlement, since: (1) said argument should have been raised prior to entry of Dist. Ct.'s judgment; and (2) nephew could not be viewed as third-party beneficiary of global settlement when he was actual party to said settlement. Also, nephew’s appeal of Bankruptcy Ct. order that authorized sale of nephew’s interest in shopping plaza was moot, where: (1) nephew failed to obtain stay of said sale pending appeal; and (2) nephew failed to show that said sale was made in bad faith, where nephew merely claimed that defendants had paid too much for nephew’s interest in shopping plaza.

In re: Kempff

Federal 7th Circuit Court
In re: Kempff
Civil Court
Bankruptcy
Citation
Case Number: 
No. 15-3200
Decision Date: 
January 30, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in affirming Bankruptcy Ct. order that rejected creditor’s complaint challenging debtor’s Chapter 7 discharge based on claim that debtor made fraudulent transfer to Ill. Dept. of Revenue to satisfy tax levy after filing her bankruptcy petition and made multiple false statements in her bankruptcy schedules. Bankruptcy Ct. could properly find that debtor was unaware of said transfer, where said transfer was in form of corporate distribution to stockholders and occurred in spite of debtor’s contrary direction to corporation. Creditor also failed to show that debtor intended instant transfer to hinder or defraud creditor. Moreover, Bankruptcy Ct. could properly find that certain misstatements in bankruptcy petition did not satisfy dictates of section 727(a)(4) so as to set aside instant discharge of debtor's debts, where Bankruptcy Ct. found debtor to be “very credible” that mistakes, pertaining to failure to list worthless $300,000 divorce settlement, as well as listing of uncollectible $1.4 million claim by debtor's parents arising out of their support of debtor’s children and $3,000 underreporting of payments to debtor’s parents, resulted from either misunderstanding or “utter incompetence” of debtor’s attorney.

McGarry & McGarry, LLC v. Rabobank, N.A.

Federal 7th Circuit Court
McGarry & McGarry, LLC v. Rabobank, N.A.
Civil Court
Bank Holding Company Act
Citation
Case Number: 
No. 16-3164
Decision Date: 
January 26, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-creditor’s action, alleging that contracts between bankruptcy trustee and entity that provided banking services to trustee in distributing debtor’s funds to creditors violated Bank Holding Company Act because terms of contract called for trustee not to obtain equivalent services from competitor bank during life of bankruptcy proceeding. Instant contracts did not violate said Act, since fair reading of contracts allowed trustee to use different Bank for other bankruptcy proceedings. Fact that trustee preferred to work with instant entity did not create exclusivity arrangement required to establish violation of said Act. Moreover, there was no evidence that entity’s $194.35 fee that was deducted from creditor’s recovery on its share of debtor’s assets was exorbitant, or that plaintiff would have incurred lower fee had trustee been allowed to hire different entity to provide said banking services.