Posts by Admin
Intent To Benefit Certain Creditors Sufficient For Fraud
The common intent to benefit friendly creditors by not listing them in one’s bankruptcy papers is sufficient intent to support denial of a bankruptcy discharge, the Seventh Circuit U.S. Court of Appeals has ruled.
Read MoreRule 277(f) Provides Affirmative Defense In Citation Cases
The Illinois Appellate Court has upheld a trial court’s decision allowing a defendant to use the termination language of Supreme Court Rule 277(f) as an affirmative defense against a judgment creditor in supplementary proceedings.
Read More“In Rem” Deficiency Judgments: Risky Nonsense?
It’s a curious practice: Foreclosure plaintiffs file a complaint seeking a personal deficiency judgment against the mortgagor, but provide in the order confirming sale that the deficiency judgment is “in rem”. In rem, of course, means that the judgment is against the thing – the property which, by the terms of the order of confirmation, is transferred to the purchaser at the foreclosure sale (or its assignee).
Read MoreCourt Issues Key Decision On “Merger” Clauses
Contractual ambiguity may allow consideration of extrinsic evidence to clarify those portions of “integrated” contracts that are unclear, but it does not open the flood gates for consideration of parol evidence on other points or to establish entirely new terms.
Read MorePlaintiff Must Show Due Inquiry Before Publication
Three attempts to serve process at approximately the same hour over a four-day period do not “demonstrate a well-directed effort to ascertain the whereabouts of defendant by inquiry ‘as full as circumstances permit’” and hence fail the law’s preconditions for resort to publication service, a panel of the Appellate Court in Chicago has ruled.
Read More“Void After 90 Days” Legend On Check Does Not Constitute Valid “Stop Payment” Order, Court Rules
A “void after 90 days” notation on a check does not constitute a stop-payment order under Uniform Commercial Code (UCC) § 4-403(a) (810 ILCS 5/4-403(a)) and “is not a reasonable means by which to direct a bank to stop payment on a check”, the Appellate Court in Chicago has ruled.
Read MoreLand Trust Cannot Rescind Under TILA
A land trust which is not an obligor on a loan but which gave a mortgage to secure the loan cannot seek rescission under the Truth In Lending Act, 15 U.S.C. § 1601 et seq. (TILA), a panel in the Appellate Court’s First District has held.
Read MoreExtra Burdens Apply For Breach Of Confidentiality Agreement
A plaintiff claiming breach of a confidentiality agreement cannot merely rely on the existence of such an agreement and its breach, the U.S. Court of Appeals for the Seventh Circuit has held.
Read MoreProof of Grace-Period Notice Required
A plaintiff seeking to foreclose on a single-family owner-occupied residence should specifically allege
that the 30-day grace-period notice of 735 ILCS 5/15-1502.5 was sent, and had better attach proof of that
sending to the complaint.
Minimizing “Minimum Contacts,” At Least For Those That Are “Closely Related”
Courts in Illinois may exercise personal jurisdiction over a plaintiff or defendant by enforcing a forum selection clause against them, even though they were not a signatory to the contract containing the clause, where it was closely related to the dispute such that it became foreseeable that the non-signatory would be bound, the Appellate Court’s First District has held.
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