Commercial Banking, Collections, and Bankruptcy

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

ISBA Members, please login to join this section

2004 Articles

Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman February 2004 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Bill status report (Section council action as of 12/10/04) By Stephen Olson, John Roska, & Lisa Treviranus December 2004 A report on the status of recent legislation.
The Federal Court will soon go “paperless” By Arthur B. Cornell, Jr. May 2004 The United States District and Bankruptcy Courts in Illinois, and throughout the nation, are converting to a new "paperless" case management and electronic case filing system.
The Northern District continues work on electronic case filing By James F. Holderman May 2004 The Northern District's preparation for its transition to Electronic Case Filing ("ECF") is continuing. The court has been working with personnel of the Administrative Office of the U.S. Courts in Washington, D.C. on implementing refinements and modifications to the planned system so the needs of the judges and the members of the bar are best served.
Notes from the Chair By Jeffrey D. Richardson May 2004 The Section Council met in February in Springfield and decided to appoint a Council member to serve as Section Liaison to act as the point person for Section members to contact the Section Council concerning any matter that may be important to the member.
Recent cases relating to upcharges of fees for mortgage loans as violative of RESPA By Michael S. Seneca February 2004 In pertinent part, section 8 of Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §12-2607, provides:
Revival of judgment revived By Bob Markoff September 2004 Illinois has a new Revival of Judgment Statute. It is found at 735 ILCS 5/2-1602. It became effective August 21, 2002.
Seventh Circuit caselaw update By Sumner A. Bourne May 2004 In re Crawford, 324 F.3d 539 (7th Cir. 4/1/03): Debtor filed a Chapter 13 plan that sought to pay one unsecured debt faster than other unsecured debts, and classified one non-dischargeable debt for full payment.
Seventh Circuit rules: “Unpaid legal fees due debtors’ bankruptcy attorneys are discharged in Chapter 7” By Jeffrey D. Richardson February 2004 On December 17, 2003, the Seventh Circuit Court of Appeals rendered a decision that will have a major impact on how Chapter 7 debtor attorneys negotiate and collect their attorney fees in bankruptcy cases for years to come.
The Southern District goes electronic! By J. Phil Gilbert May 2004 I hope that the first time you hear about the Southern District of Illinois' electronic filing system is not by receiving a "Notice of Return of Document for Failure to Electronically File Document."
Update by banking committee By Timothy J. Howard September 2004 Since our last meeting, we report the following matters relating to banking law.
Update by banking committee By Timothy J. Howard February 2004 Since our last meeting, we report the following matters relating to banking law:
U.S. Supreme Court decides bankruptcy cases of interest By Jeffrey D. Richardson May 2004 In our November 2003 issue I wrote an article about three bankruptcy decisions which were under review by the United States Supreme Court. I promised to keep you posted.