Commercial Banking, Collections, and Bankruptcy

National Life Real Estate Holdings, LLC v. International Bank of Chicago

Illinois Appellate Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2016 IL App (1st) 151446
Decision Date: 
Monday, March 14, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Appeal dismissed.
Justice: 
CONNORS

Third-party citation to discover assets issued by judgment creditor and directed against citation respondent bank as to judgment debtor.  Appellate court is without jurisdiction to review appeal, because order from which judgment creditor appeals, ruling that respondent's issuance of a loan to judgment debtor and subsequent disbursement of that loan's proceeds were not paid to judgment debtor. Court did not dismiss citation, but denied judgment creditor's motion for judgment.  Thus, finality contemplated by Rule 304(b)(4) is not present.(LIU and HARRIS, concurring.)

Senate Bill 2359

Topic: 
Condominium Property Act

(Mulroe, D-Chicago) amends the powers and duties' section of the current Act. Under current law, the board (by a majority vote of the entire board of managers) has the right to assign the right of the association to future income from common expenses or other sources and to mortgage or pledge substantially all the remaining assets of the association unless the condominium instruments expressly provide to the contrary. Senate Bill 2356 deletes the statutory clause "unless the condominium instruments provide to the contrary." Scheduled for hearing this Wednesday in Senate Judiciary Committee. 

Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. T.D. Investments I, LLP

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
No. 15-2093
Decision Date: 
March 11, 2016
Federal District: 
E.D. Wisc.
Holding: 
Reversed and remanded

In Chapter 11 bankruptcy proceeding in which creditors’ Committee sought return of value of two leases that debtor surrendered back to leasing creditor 52 days prior to debtor filing for bankruptcy, Bankruptcy Judge erred in denying Committee’s request based upon finding that no “transfer” had occurred under 11 USC section 547(b). Debtor’s act of surrendering profitable leases back to leasing creditor could potentially be viewed as improper preferential transfer of assets, where record showed that leases were worth $777,000 to debtor, and thus would have had significant value to other creditors of bankruptcy estate. As such, instant surrender of leases was potentially avoidable, and remand was required for determination of value of surrender of leases, as well as determination of amount debtor had received for said surrender.  At remand, creditor receiving surrendered leases may also present any defenses to Committee’s claims to value of said leases.

Senate Bill 2863

Topic: 
Condominium Property Act

(Connelly, R-Lisle) allows a unit owner to retain ownership of his or her unit in one situation. That situation would be if the fair market value is not at least 90% of the price the unit owner paid for the unit if the unit owner files a written objection to a sale of condominium property within 20 days after the date of the meeting at which the sale was approved. This change would apply to sales that are pending or commenced on and after the effective date. Assigned to Senate Judiciary Committee.

 

Senate Bill 3286

Topic: 
Jury service

(Hutchinson, D-Chicago Heights prohibits parties in civil litigation from using a preemptory challenge to remove a prospective juror on the basis of their race, color, religion, national origin, economic status, sexual orientation, or gender identity. Assigned to the Committee on Assignments waiting for referral to a substantive committee. 

Senate Bill 2784

Topic: 
Lake County judicial facilities fee

(Link, D-Gurnee) amends the existing statute to allow Lake County to impose a "judicial facilities fee" not to exceed $30 against all defendants in traffic and criminal cases and against all civil litigants. The fee would be used to construct new judicial facilities. Only Will and Kane counties have this authority under existing law. Scheduled for hearing in Senate Judiciary Committee. 

Senate Bill 2503

Topic: 
Judicial facilities fee

(Manar, D-Bunker Hill) allows all county boards to impose by ordinance a “judicial facilities fee” on all defendants convicted in traffic and criminal cases and all civil litigants. The fee may not be more than $30. It also expands the use of this fee from defraying new construction to include renovating existing judicial facilities. Under current law, only Will and Kane counties have authority to do impose this fee for new construction. Scheduled for hearing Tuesday in Senate Judiciary Committee. 

Senate Bill 2842

Topic: 
Trusts and Trustees Act

(Silverstein, D-Chicago) seeks to reverse the holding of the Mendelson case (2015 IL App (2d) 150084). Senate Bill 2842 provides that the transfer of property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Provides that for any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. It is shceduled for hearing in Senate Judiciary Committee tomorrow. 

Senate Bill 3303

(Rose, R-Mahomet) amends the Code of Civil Procedure to provide that if the respondent fails to appear on the date that the court conducts an inquiry related to the discharge of a bond, the court may proceed with the inquiry and resolve any questions that arise. Referred to the Committee on Assignments.