Student Loan BK Discharge Article (November 2014)
Discharging Student Loans in Bankruptcy – Illinois Bar Journal November 2014
Student Loan BK Discharge Article (November 2014)
Author Archives: PaulP
Saying “I Wasn’t Served” Not Enough to Challenge Service Return On Corp. Registered Agent – IL Law
In Charles Austin, Ltd. v. A-1 Food Services, Inc., 2014 IL App (1st) 132384, the First District affirmed the denial of a corporate defendant’s Section 2-1401 motion to vacate a judgment. About three months after judgment, the defendant sought to vacate the judgment claiming it was never served with the lawsuit. The trial court denied …
Prior Charging Order Trumps Later Divorce Court Order Involving Restaurant LLC Payouts
The Third District Appellate Court answers some important questions concerning the priority of competing creditors’ rights in the assets of a common debtor and the nature of appellate jurisdiction in FirstMerit Bank v. McEnery, 2014 IL App (3d) 130231-U. There, a creditor obtained a $1.8M judgment against a defendant who had interests in several restaurant LLC ventures (the …