Commercial Banking, Collections, and Bankruptcy

House Bill 201

Topic: 
Trades and proof of insurance
(Fine, D-Glenview) requires the Department of Financial and Professional Regulation to accept proof of bond insurance for general liability coverage from general contractors, painters, drywallers, HVAC technicians, and electricians. DPR then must publish this on a publicly accessible website. It prohibits a unit of local government from requiring these trades to submit additional proof of bond insurance for general liability coverage or assess a fee associated with the proof of bond insurance to do business in that jurisdiction if they do this. Just introduced and referred to House Rules Committee.
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Daniel v. Ripoli

Daniel v. Ripoli
Illinois Appellate Court
Civil Court
Estates
Citation
Case Number: 
2015 IL App (1st) 122607
Decision Date: 
Wednesday, January 28, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
PUCINSKI
(Court opinion corrected 1/30/15.) Defendant company's deceased member's estate filed action to recover amount of LLC distributions allegedly due to decedent per LLC operating agreement. Contract terms are plain and unambiguous and do not limit change in capital accounts to only certain years. Illinois LLC Act is clear as to requirements for effective conversion to LLC, and individual LLC members have no personal liability. In event of an individual member's death, member becomes disassociated from the LLC, and LLC Act does not allow for actions by member's representatives, agents, or a member's estate. A circuit court file stamp is considered date court received notice of appeal for purposes of jurisdiction. (LAVIN and HYMAN, concurring.)

GPS USA, Inc. v. Performance Powdercoating

GPS USA, Inc. v. Performance Powdercoating
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2015 IL App (2d) 131190
Decision Date: 
Wednesday, January 28, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Vacated and remanded.
Justice: 
BIRKETT
Petitioner, a management consulting company based in Nevada with offices in Illinois, filed demand for arbitration with AAA, seeking amounts due under its agreement with Respondent, an Arizona powdercoating company. Validity of arbitration clause is determined by court, not by arbitrator. Respondent, an Arizona company, failed to establish any compelling or countervailing reason for upsetting parties' choice, in their contract, of Illinois as their arbitration forum Court erred by invalidating forum-selection provision in arbitration clause of parties' contract.(SCHOSTOK and BURKE, concurring.)

Senate Bill 86

Topic: 
State’s Attorneys’ and debt collection
(Althoff, R-McHenry) amends the Counties Code to allow defaulted fines or penalties or installments of either to be collected by any means authorized for the collection of monetary judgments. Allows the state’s attorney to retain attorneys and private collection agents to do the collections. Charges their fees against the offender. Just introduced and referred to the Senate Committee on Assignments.
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Senate Bill 90

Topic: 
Wills and presumptions
(Silverstein, D-Chicago) creates a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. The presumption may be overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed. Just introduced and referred to the Senate Committee on Assignments.
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House Bill 304

Topic: 
Notice and change of addresses
(Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.
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House Bill 175

Topic: 
Open Meetings Act
(McSweeney, R-Cary) provides that a request for review may be filed no later than 60 days after the discovery of an alleged violation of the Act (instead of 60 days after the alleged violation) if facts concerning the violation are not discovered within 60 days after the alleged violation but are discovered at a later date by a person using reasonable diligence. Introduced and assigned to House Rules Committee.
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Senate Bill 45

Topic: 
Uniform Interstate Depositions and Discovery Act
(Barickman, R-Bloomington) provides procedures for the issuance of a subpoena to require deposition testimony or discovery production in this State for litigation pending in a foreign jurisdiction. Provides that Illinois Supreme Court rules and the Section of the Code of Civil Procedure concerning subpoenas apply to subpoenas issued under the new provisions. Introduced and assigned to the Senate Committee on Assignments.
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