Commercial Banking, Collections, and Bankruptcy

The newsletter of the ISBA’s Commercial Banking, Collections, and Bankruptcy Section

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2002 Articles

Can a Chapter 7 debtor’s attorney be compensated from the bankruptcy estate? By Jeffrey D. Richardson February 2002 Like many issues in bankruptcy law the answer to the question of whether a debtor's Chapter 7 bankruptcy attorney can be compensated from the bankruptcy estate depends on whether you try to determine the purely logical answer to the question or whether you refer to the actual statute
Chair’s column By Lewis F. Matuszewich December 2002 The Commercial Banking & Bankruptcy Section Council develops programs for the members of the Section.
Does UPL by in-house counsel really waive the attorney-client privilege? By Michael Todd Scott March 2002 In the June 2000 issue of The Corporate Lawyer, we ran an article entitled "Unauthorized Practice of Law and In-house Counsel."
Enforceablilty of intercreditor agreements in bankruptcy By John C. Murray August 2002 A recent Illinois bankruptcy court decision, In re 203 N. LaSalle Street Partnership, 246 B.R. 325 (Bankr. N.D. Ill. 2000), deals specifically with the rights of parties to an intercreditor agreement.
Landlord’s lien issues: A trap for the uninformed and unmotivated By James R. Grebe May 2002 Article 9 of the Illinois Uniform Commercial Code (810 ILCS 5/9-101, et seq.) (hereinafter referred to as "UCC") was revised in Year 2000. The revisions were effective July 1, 2001.
Oh, those old cases—How they haunt you By Thomas F. Hartzell December 2002 We were recently involved in a mechanics lien case where we represented the plaintiff lumber company against the owner of the real estate, his contractor and the bank as mortgagee.
Payable on death accounts By Bradley W. Small May 2002 Effective January 1, 2002, legislation was enacted providing that payable on death accounts may be held in the names of joint account holders
Perfecting and enforcing a security interest in an option to purchase real estate By John C. Murray May 2002 If a person or entity acquires an option from the owner of a parcel (or parcels) of real estate to purchase such real estate, is the optionee's interest personal property or real property
Real estate financing in the new millennium By Stanley P. Sklar August 2002 Too often, the construction lender treats the construction loan as it would treat any other commercial loan--without anyone with significant background in the vagaries of the construction industry ready to "pull the plug" should the loan become "out of balance."
SBA is still approving credits By Lewis F. Matuszewich February 2002 The United States Small Business Administration (SBA) continues to administer many programs designed to assists small and middle size businesses.
Securing the right to receive government payments under revised article 9 By Jeffrey A. Mollet May 2002 Whether a security interest in government program payments is perfected has always been at the center of debate, generally in the bankruptcy or "farmer-in-distress" context, and the issue remains largely unresolved by the recent revisions to Article 9 of the Illinois Uniform Commercial code which took effect on July 1, 2001
Twelve initial steps for corporate governance compliance By Jerold N. Siegan December 2002 Since the enactment of the Sarbanes-Oxley corporate governance law, you have probably read or heard about the various new and complex responsibilities imposed upon your business and the new penalties that will result if you or your company fail to comply with them
Unauthorized practice of law and in-house counsel By Michael Todd Scott March 2002 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.
Update by banking committee By Timothy J. Howard December 2002 This is a case that seeks to shift the responsibility of errant employees to banks instead of their employers.
Using the Illinois Landlord’s Lien After June 30, 2001 By Donald L. Uchtmann & D. K. Banner March 2002 Having a financially stable tenant with a solid reputation for being an excellent farmer is among the best ways to assure that a farmland owner will collect rent.
View from the chair By Gary T. Rafool March 2002 At the mid-year meeting of our section council, it was decided to have a meeting on February 21 at 7:30 a.m. in Springfield with Representative Jeffrey Schoenberg at the Renaissance Hotel.
View from the chair By Gary T. Rafool February 2002 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.