Section Newsletters

Articles From Timothy J. Howard

Retirement: Some of Its Joys and Some of Its Concerns By Hon. Robert J. Anderson, (ret.), Albert Durkin, David M. House, Timothy J. Howard, & Gary T. Rafool Senior Lawyers, February 2022 A discussion on some of the interests and concerns of retired attorneys.
2 comments (Most recent February 18, 2022)
Retirement & Registering for the Practice of Law By Timothy J. Howard Senior Lawyers, October 2021 An overview of the registration options retired attorneys have with the Attorney Registration and Disciplinary Commission.
You Are Retired, But You Can Still Provide Pro Bono Services in Your Community! By Timothy J. Howard Senior Lawyers, November 2020 You can continue to contribute to your community and feel good by undertaking a few pro bono projects in retirement.
1 comment (Most recent November 19, 2020)
Pro bono opportunities for retired lawyers By Timothy J. Howard Senior Lawyers, January 2019 Information for all retired lawyers to find a pro bono opportunity, regardless of their registration status.
From the chair By Timothy J. Howard Senior Lawyers, June 2018 A message from the chair, Timothy J. Howard, as the bar years comes to a close.
From the Chair By Timothy J. Howard Senior Lawyers, February 2018 Read the message from Chair Timothy Howard to learn what the Senior Lawyers Section has been up to recently.
The alternatives to registering for the ‘active’ practice of law By Timothy J. Howard Senior Lawyers, October 2016 If you were considering leaving the full-time practice of law, what are your options in registering with the Attorney Registration and Disciplinary Commission (ARDC)? There are four different alternative statuses described in the Illinois Supreme Court Rules. They are “inactive status,” “disability inactive status,” “retirement status” and “permanent retirement status.” The place to begin understanding the differences is Supreme Court Rule 756, which is titled “Registration and Fees.”
Cross-collateralization clauses in real estate mortgages redux By Timothy J. Howard Construction Law, June 2013 The recent Seventh Circuit court decision of Peoples National Bank v. Banterra Bank will change the use of junior mortgages in commercial real estate lending.
Cross-collateralization clauses in real estate mortgages must comply with the Illinois Conveyances Act By Timothy J. Howard Construction Law, March 2013 In the case of Peoples National Bank, N.A. v. Jones, the district court held that a mortgage containing a general non-specific cross-collateralization clause did not secure any debt other than the balance due on the note specifically described in the mortgage.
Is a confession of judgment clause in a guaranty enforceable? By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, November 2011 There are circumstances under which a confession of judgment guaranty can be enforceable, such as where the guaranty is combined with the promissory note.
1 comment (Most recent November 14, 2011)
Judicial profile: District Judge James E. Shadid By Timothy J. Howard Federal Civil Practice, September 2011 Learn more about Judge Shadid, who was sworn in earlier this year.
From the Chair By Timothy J. Howard Federal Civil Practice, September 2009 A message from Section Chair Timothy Howard.
View from the Chair By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, May 2006 During the past 10 months, your Section has been very active.
Federal and state banking law cases By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, December 2005 Sklodowski brought this class action against the defendant mortgage company for alleged breach of mortgage note, breach of fiduciary duty and violation of the Illinois Consumer Fraud and Deceptive Practices Act.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, July 2005 In this meeting's report, I picked up two cases that I missed from December 2004. Fortunately, not many cases have been reported since our February meeting, so the report is very short.
Deposition rules to improve your success on summary judgment motions By Timothy J. Howard Federal Civil Practice, May 2005 Whether you represent the plaintiff or the defendant, there is always at least one element of your case that you believe is subject to summary judgment.
Case law update By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, February 2005 Since our last meeting, we report the following matters relating to banking law.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, September 2004 Since our last meeting, we report the following matters relating to banking law.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, February 2004 Since our last meeting, we report the following matters relating to banking law:
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, December 2003 This is a forged check case involving the interesting twist of a stolen identity. Nicholas Fredich placed an ad in the Denver Post for a fictitious bookkeeping position.
“The summer of jurisdiction” By Timothy J. Howard Federal Civil Practice, November 2003 For those who do not remember, the “Summer of Love” took place in 1967 and was intended to be dedicated to a celebration of music, peace and love (sex).
Secured creditor bound—The words used in the collateral description of a security agreement can limit a secured party’s lien By Timothy J. Howard & Janice M. Powell Commercial Banking, Collections, and Bankruptcy, March 2003 A security agreement is a special kind of contract for which an important audience is third parties who need to know how much collateral has been encumbered.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, March 2003 Since our last meeting, we report the following matters relating to banking law. This month several of the cases involve contractual interpretation and the proper or improper use of the English language.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, February 2003 Since our last meeting, we report the following matters relating to banking law.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, December 2002 This is a case that seeks to shift the responsibility of errant employees to banks instead of their employers.
Seventh circuit affirms that banks have no duty to disclose existence of check kiting scheme By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, April 2001 The Seventh Circuit Court of Appeals recently affirmed a Central Illinois District Court grant of summary judgment by following the majority rule that subject to four exceptions, "a bank has no good faith obligation to disclose a suspected kite or to refrain from attempting to shift the kite loss.
Coming attractions: In re Hen House Interstate, Inc. Supreme Court grants certiorari By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, March 2000 On November 8, 1999, the United States Supreme Court granted certiorari of the en banc decision of the Eighth Circuit Court of Appeals in Hartford Underwriters Ins. Co. v. Magna Bank, N.A. (In re Hen House Interstate, Inc. ) 177 F. 3d 719 (8th Cir. 1999) cert. granted, 120 S. Ct. 444 (1999).
The duty of a bank customer to discover and report unauthorized signatures is prerequisite to suit By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, January 1999 On June 1, 1998, the First District Appellate Court held that section 4-406(f) of the revised Illinois Uniform Commercial Code (hereinafter "UCC") requires a bank customer to notify its bank of unauthorized signature or alteration of an instrument within a year of the bank statement or items being made available to the customer in order for the customer to preserve its right to bring suit against the bank.

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