2018

Applicants for the bar exam routinely are taught to distinguish between the creation of a security interest and its perfection, and that the resolution of competing claims will depend upon when perfection occurs.

Client waivers of concurrent conflicts of interest are ineffective if a lawyer cannot reasonably believe that he will be able to provide competent and diligent representation to each affected client, the Seventh U.S. Circuit Court of Appeals has held.

“A bargain to refrain from disclosing to a third person, to whom a duty of disclosure exists, information of value or interest to him is illegal.”

In newly-enacted legislation that went into effect January 1, 2018, additional protections were added for individuals who purchase their home on an installment sales contract.

The absence of significant common ownership between the alleged predecessor and successor dooms a creditor’s attempt to hold the latter responsible for the debts of the former under the “mere continuation doctrine,” a panel of the Appellate Court in Chicago has held.

Financial institutions subject to citations to discover assets had best not enter into loan agreements
with entities affiliated with the judgment debtor until the citation proceedings have been resolved