Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
In re Kuhl, 2012 WL 5935101 (S.D.Ill. 2012) provides a recent synopsis of the rules governing creditor attempts to attach a debtor’s joint bank account. In it, the Chapter 7 bankruptcy trustee sought turnover of the bankrupt debtor’s funds held in three separate joint accounts with her husband. The debtor challenged the trustee’s turnover motion, claiming …
Continue reading “Creditor Rights In and To a Debtor’s Joint Bank Account – Part II”
(Photo credit: www.wisegeek.com: Google images) In the perpetual cat-and-mouse game played out across the collection law landscape, an important recurring question is what rights a creditor has to a debtor’s joint bank account – an account with two or more account holders. The creditor wants to attach as much of the account as possible to …
(photo credit: www.dreamstime.com; Google images (visited 11.26.14) In earlier posts, I’ve discussed how time-consuming and frustrating it can be to collect on a money judgment. The primary creditor enforcement methods include freezing the debtor’s bank accounts, garnishing his wages, and liening his real estate by recording the judgment in the county where his land is located. Recording a lien against a debtor’s …