Commercial Banking, Collections, and Bankruptcy

(Silverstein, D-Chicago) creates a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated a disabled adult. The rebuttable presumption is overcome by clear and convincing evidence that the testator had the capacity to execute the will codicil at the time the will or codicil was executed. The rebuttable presumption doesn’t apply if the following occurs: If a verified petition by the plenary or limited guardian of the estate or at the request of the ward that is accompanied by current physician’s report that states the ward possesses testamentary capacity, the court may enter an order authorizing the ward to execute a will or codicil. In so ordering, the court must authorize the guardian to retain independent counsel for the ward with whom the ward may execute or modify a will or codicil. This subsection applies only to wills or codicils executed or modified after the effective date of this act. Scheduled for hearing in Senate Judiciary Committee Tuesday afternoon.

The immediate issue of funding for court reporters, childcare assistance, and the Department of Corrections is being negotiated by Governor Rauner and the four legislative leaders. As was reported in the Pantagraph, “A child care program for low-income parents needs $300 million to make it through the end of the year. The Illinois Department of Corrections says it will begin running out of money to pay guards in mid-April. And, funds to pay court reporters are running dry, potentially resulting in a stoppage of court activity.” This week I was told that legislators have noticed that they are not hearing as much from constituents on the shortage for court reporting funding as the other two problems. I was told that they were unaware of the impact that this would have on county detention of defendants awaiting trial and possible Speedy Trial problems. If you have an opportunity, you may wish to bring this up with your state senator and representative. Their telephone numbers may be found on the General Assembly website at www.ilga.gov/ Thank you.

(Greg Harris, D-Chicago) Amends the Counties Code. Provides that in a county that has a property fraud alert system, a county recorder may create a registration form to register a property owner on the county's property fraud alert system that a real estate professional may file with the recorder on behalf of a property owner. Provides that real estate professionals must register with the county recorder prior to filing the registration forms on behalf of property owners. Limits liability for those assisting a property owner with registering for the property fraud alert system. Limits home rule powers. Scheduled for hearing this Thursday in House Townships Committee.

(Kay, R-Glen Carbon) Authorizes the Illinois Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy is more than $10,000 but does not exceed $100,000. If a circuit court grants or denies, in whole or in part, a motion to dismiss because of the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney’s fees to the prevailing party in amounts that the court determines are equitable and just. Authorizes reasonable deposition fees to be recovered as costs. Scheduled for hearing this Wednesday in House Judiciary Committee (Civil).

(Breen, R-Lombard) makes the following changes to the Act: (1) Amends the public policy provision of the Act to make as one of its intentions the ability to identify and provide a speedy resolution of meritless and retaliatory and provide damages in the form of attorney’s fees and costs to prevailing movants. (2) Provides that a claim is meritless if it lacks an essential element of the claim or fails against a reasonably foreseeable affirmative defense to that claim. (3) Provides that a plaintiff's claim is presumed to be retaliatory if the alleged basis for the claim is an act in furtherance of the constitutional rights to petition, speech, association, and participation in government. (4) Provides that a motion under the Act may be made as a motion to dismiss or as a motion for summary judgment or joined with other motions. (5) Provides that “attorney’s fees and costs” include reasonable trial and appellate attorney’s fees and costs incurred in connection with a motion under the Act, including, but not limited to, fees and costs for discovery that relates to such a motion. Scheduled for hearing next Wednesday in House Judiciary Committee.

(Breen, R-Lombard) expands this Act for unfair or deceptive patent infringement demand letters to include copyrights. Scheduled for hearing next Wednesday in House Judiciary Committee.