Commercial Banking, Collections, and Bankruptcy

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

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2021 Articles

Bank Not Liable Under Fiduciary Obligations Act By Michael Weissman November 2021 A summary and analysis of Praither v. Northbrook Bank & Trust Co., in which a noncustomer of a bank sought to hold the bank liable under the Fiduciary Obligations Act.
Bank Suffers Wire Transfer Trauma By Michael Weissman April 2021 A summary and analysis of In re Citibank August 11, 2020 Wire Transfers.
Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims By Jay Schleppenbach November 2021 In cases involving both a bankruptcy and an arbitration agreement, courts have to analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.
Business Losses Because of COVID Insurance Coverage By Howard W. Feldman February 2021 Insurance coverage is based upon the specific language of the policy and coverage for loss of business income will not exist if the policy does not clearly allow for it, even if the policy is referred to as an all-risk policy.
By the Numbers: Overall Bankruptcy Down 40 Percent By Julia Smolka November 2021 Despite concerns at the beginning of the pandemic that attorneys who work in bankruptcy and collections courts would be flooded with too many cases, bankruptcies have stayed at historic lows.
Chair’s Corner By Julia Jensen Smolka January 2021 A note from the chair, Julia Jensen Smolka.
Consumer Fraud in a Dispute Between Two Businesses: Is It a Thing? By Adam B. Whiteman May 2021 One business can sue another for consumer fraud if the allegation involves conduct where one business publishes false statements about another business to consumers.
Cook County Enacts New Residential Landlord-Tenant Ordinance By Taylor H. Wachal May 2021 A summary of the new landlord-tenant ordinance in Cook County that takes effect on June 1, 2021.
Copyright Trolls in the Construction Business By Margo Lynn Hablutzel June 2021 There are two main lessons to take from this article. First, copyright trolls will thrive as long as their targets are unfamiliar with decisions such as Lexington Homes and Signature Construction, and decide it is easier to pay a fee to avoid litigation. Second, in an industry where design elements are limited and certain combinations are expected, copyright infringement requires direct and unquestionable copying for liability. Merely echoing certain elements is insufficient to sustain a claim.
Creditor Claims Against ‘Real Estate’: Comparing the Effectiveness of a Land Trust to an Express Trust When Seeking to Protect Real Estate From Creditor Claims By Nicole Soltanzadeh March 2021 The recent enactment of the Illinois Trust Code has caused some practitioners to wonder whether our clients may be better served, for asset protection purposes, by holding title to real estate in a land trust, rather than an express trust.
Does a Bank’s Perfected Security Interest in Crops Prevail Over a Landlord’s Agricultural Lien? By Michael Weissman March 2021 A summary and analysis of Bank of Kremlin v. Ara, L.P.
Editor’s Note By Judge Michael Chmiel April 2021 A note from the editor, Judge Michael Chmiel.
Emotional Harms Cannot Be the Sole Basis for a Claim Under the FDCPA By Kevin Stine September 2021 In Wadsworth v. Kross, Lieberman & Stone, Inc., the appellate court dismissed a complaint filed under the Fair Debt Collection Practices Act because the plaintiff did not suffer any concrete harm.
The Fall Is Here By Judge Michael Chmiel November 2021 An introduction to the issue from the editor.
Floor Plan Financier Can’t Reclaim Collateral Due to Lack of UCC Filing By Michael Weissman January 2021 A summary and analysis of In re Hawaii Motorsports, LLC.
Happy New Year By Judge Michael Chmiel January 2021 A note from the editor, Judge Michael Chmiel.
Hello Summer By Judge Michael Chmiel June 2021 An introduction to the issue from the editor, Judge Michael Chmiel. 
Here Comes Spring, Finally By Judge Michael Chmiel March 2021 A note from the editor, Judge Michael Chmiel.
Implicit Bias By Trina Smith April 2021 As an attorney, it is important to acknowledge your implicit biases and how they affect your practice.
ISBA Launches Rural Practice Fellowship Program as Component of Rural Practice Institute By Daniel R. Thies & Lois J. Wood January 2021 In an effort to address the ongoing shortage of attorneys practicing in rural Illinois, the ISBA has launched the Rural Practice Institute Fellowship Program, which aims to connect rural and small-town law firms interested in hiring law clerks and associates with law students and newer attorneys desirous of practicing law in rural areas of Illinois.
Law Day and the Rule of Law By Judge Michael Chmiel May 2021 A note from the editor, Judge Michael Chmiel.
Mortgage Has Priority Over a Late UCC Fixture Filing By Michael Weissman January 2021 Although the UCC has made a wide swath of commercial law uniform from state to state, real estate law remains far less uniform—and that lack of uniformity is reflected in cases involving fixtures.
New Beginnings By Judge Michael Chmiel September 2021 An introduction to the issue from the editor.
The New Normal By Judge Michael Chmiel February 2021 An introduction to the issue from the editor, Judge Michael Chmiel.
Second District Appellate Decision Digest By Andrew J. Mertzenich March 2021 Case summaries of interest to members of the Commercial Banking, Collections, & Bankruptcy Section.
The Second District Civil Decision Digest for the Commercial Banking, Collections, & Bankruptcy Section By Andrew J. Mertzenich September 2021 Case summaries of interest to members of the Commercial Banking, Collections, & Bankruptcy Section.
The Second District Civil Decision Digest for the Commercial Banking, Collections, & Bankruptcy Section By Andrew J. Mertzenich May 2021 Case summaries of interest to members of the Commercial Banking, Collections, & Bankruptcy Section.
The Second District Civil Decision Digest for the Commercial Banking, Collections, & Bankruptcy Section By Andrew J. Mertzenich February 2021 Case summaries of interest to members of the Commercial Banking, Collections, & Bankruptcy Section.
The Second District Civil Decision Digest for the Commercial Banking, Collections & Bankruptcy Section By Andrew J. Mertzenich January 2021 Summaries of cases of interest to members of the Commercial Banking, Collections & Bankruptcy Section.
Stay True: The Commencement Address of Robert W. Fioretti to the Classes of 2020 and 2021 at the NIU College of Law By Robert W. Fioretti June 2021 The transcript of Robert Fioretti's NIU College of Law 2021 commencement address.