Happy Holidays! Sharp Thinking No. 175 Perspectives on Developments in the Law from Sharp-Hundley, P.C. December 2019 Chapter 13 Plan Confirmation Creates Judicial Estoppel Confirmation of a Chapter 13 plan is a sufficient benefit to estop the bankruptcy debtor from prevailing on an inconsistent position taken in state-court litigation the existence of which was…Read More
Happy Thanksgiving Sharp Thinking No. 174 Perspectives on Developments in the Law from Sharp-Hundley, P.C. November 2019 Municipality May Be Liable In Quantum Meruit Even Though Contract Is Void In Law, Court Says A municipal body can be held liable under the equitable doctrines of quantum meruit and implied in law contracts even…Read More
Banking Law Roundup SharpThinking No. 173 Perspectives On Developments In The Law From Sharp-Hundley, P.C. October 2019 Refi Mortgage Can Take Priority Of Prior Mortgage By John T. Hundley, John@sharp-hundley.com, 618-242-0200 A mortgage…Read More
A mortgagee who was entitled to a property insurance payment may not sue the insurer on the policy after the insurer’s payment check is fraudulently endorsed by a co-payee, a panel in the Appellate Court’s First District has held.Read More
A party who fails to verify that a purported corporate representative has authority to make a contract on the corporation’s behalf assumes a risk that he does not under a recent decision by a panel of the Appellate Court in Chicago.Read More
By John T. Hundley, Jhundley@lotsharp.com, 618-242-0246
A provision making obligors personally liable if they resist foreclosure on an otherwise non-recourse obligation is enforceable, a panel of the Illinois Appellate Court in Chicago has held.
Conversion and negligence claims against a bank, arising from a lawyer’s forgery of a client’s
signature to a settlement check, are governed by the three-year statute of limitation of 810 ILCS 5/3-118(g), a panel in the Appellate Court’s Fifth District has held.
The doctrine of judicial estoppel, which has become one of the most potent weapons against bankruptcy fraud (see Sharp Thinking No. 57 (February 2012), continues to evolve in the nation’s federal courts.Read More