Skip to content

Paul Porvaznik – Business Litigator

Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)

Tag Archives: joint checking account

No Fraud, No Problem – Unjust Enrichment Enough of ‘Hook’ For Constructive Trust – IL 4th Dist.

Tummelson v. White, a 2015 4th District appellate case, considers the inconvenient topic of what rights a former cohabitant has to funds he contributed to a home after he gets ousted from it by an ex-. The parties lived together for several years in two different homes and paid mortgage and household expenses from a …

Continue reading “No Fraud, No Problem – Unjust Enrichment Enough of ‘Hook’ For Constructive Trust – IL 4th Dist.”

Share this:

  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on Tumblr (Opens in new window) Tumblr
  • Click to share on X (Opens in new window) X
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print
Posted byPaulPJune 12, 2017Posted inReal estate litigationTags: constructive trust, equitable remedies, fiduciary, joint checking account, unjust enrichment

Joint Owner of Checking Account Must Prove Exclusive Right to Funds by Elevated Burden of Proof – IL Appeals Court

Gataric v. Colak, 2016 IL App (1st) 151281 presents a collection tug of war between a judgment creditor and a third party concerning funds in a joint bank account.  The salient issue is what level of proof the third party must meet in order to rebut the presumption that the bank account funds belong not to …

Continue reading “Joint Owner of Checking Account Must Prove Exclusive Right to Funds by Elevated Burden of Proof – IL Appeals Court”

Share this:

  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on Tumblr (Opens in new window) Tumblr
  • Click to share on X (Opens in new window) X
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print
Posted byPaulPOctober 4, 2016April 1, 2018Posted inPost-judgment - CollectionsTags: bank account, citation, citations, clear and convincing, commercial collections, garnishment, gift, joint checking account, post-judgment, third-party

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 …

Continue reading “Creditor Rights To A Debtor’s Joint Bank Account Funds and Life Insurance Policies”

Share this:

  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on Tumblr (Opens in new window) Tumblr
  • Click to share on X (Opens in new window) X
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print
Posted byPaulPApril 20, 2014February 27, 2017Posted inCreditor's Rights, Post-judgment - CollectionsTags: 12-1001, creditor, debtor, foreign judgment, garnishment, Illinois, joint checking account, life insurance policy, non-debtor, Porvaznik, right of survivorship
Paul Porvaznik – Business Litigator, Proudly powered by WordPress.