John Hundley
Judicial Estoppel Doctrine Is Flexible, 7th Circuit Emphasizes
Because judicial estoppel is concerned with protecting the integrity of the courts from the appearance and reality of manipulative litigation conduct, courts considering that doctrine have the “freedom to consider the equities of an entire case” and can even impose the estoppel where the party estopped and the party which committed the underlying conduct are not perfectly identical, the U.S. Court of Appeals for the Seventh Circuit has held
Read MorePublication Service on Known Incompetent Violates Due Process
Service of process upon a person known to have been adjudicated incompetent to manage his affairs violates due process, a panel in the Appellate Court’s First District has held.
Read MoreDefalcation” Exception to Bankruptcy Discharge Requires At Least Gross Recklessness, Court Holds
The term “defalcation” in § 523(a)(4) of the Bankruptcy Code includes a culpable state of mindrequirement involving knowledge of, or gross recklessness in respect to, the improper nature of the
fiduciary behavior, the U.S. Supreme Court held recently.
Wage Payment Act Imposes No Duty To Make More Capital Contributions To Failing Business
A business owner does not have a duty to make voluntary capital contributions to his financially-troubled business in order to avoid personal liability for its wage payment obligations, a bankruptcy judge in Northern Illinois has held.
Read MoreFast Track” Foreclosure Bill Becomes Law
Illinois residential real estate that has been abandoned now is subject to “fast track” judicial foreclosure procedures aimed at minimizing the blight effects which abandoned houses have been having during the usual foreclosure process.
Read MoreVerify Agent’s Authority When Making Contract
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 MoreCross-Collateralization Clauses in Commercial Mortgages Are Enforceable, 7th Circuit Rules
Those cross-collateralization clauses common in commercial mortgages are enforceable and put subsequent lenders on inquiry notice of other debts brought within the scope of the mortgage by such clauses, the Seventh Circuit U.S. Court of Appeals ruled last week.
Read MoreInsufficient Efforts Void Publication Service
Insufficient efforts to locate and serve the defendant before seeking and effecting publication service may be attacked by that defendant even after judgment by default has been entered, a panel in the Appellate Court’s Third District has ruled.
Read MoreQuitclaim Buyer May Not Claim Breach of Contract
A buyer of property by quitclaim deed generally may not claim breach of contract when it learns that the seller did not have fee simple title, a panel in the Appellate Court’s Third District has held.
Read MoreCourt Levies Harsh Sanctions for Filing Bankruptcy Papers Without Actual Signature
There are no circumstances that would ever justify an attorney filing a bankruptcy petition, the
supporting schedules, or the debtor’s Statement of Financial Affairs (“SOFA”) without first obtaining
the debtor’s actual signature thereto, the chief judge of a Texas bankruptcy court has held.