A common cautionary tale recounted in 1L contracts classes involves the crafty debtor who secretly short-pays a creditor by noting “payment in full” on his check. According to the classic “gotcha” vignette, the debtor’s devious conduct forever bars the unwitting creditor from suing the debtor. Whether apocryphal or not (like the one about the newly …
Tag Archives: debtor
The (Ruthless?) Illinois Credit Agreements Act
The Illinois Credit Agreements Act, 815 ILCS 160/1, et seq. (the “ICAA”) and its requirement that credit agreements be in writing and signed by both creditor and debtor, recently doomed a borrower’s counterclaim in a multi-million dollar loan default case. The plaintiff in Contractors Lien Services, Inc. v. The Kedzie Project, LLC, 2015 IL App (1st) 130617-U, sued …
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Creditor Rights To A Debtor’s Joint Bank Account Funds and Life Insurance Policies
(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 …