Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Here’s one from the vault. While dated, the case is still relevant for its cogent discussion of important and recurring mechanics’ lien litigation issues. In Springfield Heating and Air Conditioning, Inc. v. 3947-55 King Drive at Oakwood, LLC, 387 Ill App 3d 906 (1st Dist. 2009), the First District examined the concept of constructive fraud …
Continue reading “Constructive Fraud in IL Mechanics’ Lien Suits: A Case Study”
In Steven Harper’s The Lawyer Bubble: A Profession In Crisis, the author (quoting a newspaper article) describes Federally guaranteed student loans as the closest thing to a debtor prison in existence. Lawyer Bubble, p. 11. This statement, while jarring, has some empirical support. In the book, Harper cites bankruptcy code changes that have made it virtually impossible to get student …
Continue reading “Student Loan Discharge In Bankruptcy: How Hard Is It?”
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”