By Andrew R. Schwartz | Published February 15, 2022 | Posted in Bankruptcy | Tagged Tags: asset discovery, collection efforts, foreign judgment | Comments Off on Collecting on an Out-of-State Judgment Debt Against an Illinois Debtor
Collecting on an Out-of-State Judgment Debt Against an Illinois Debtor
You’ve won a judgment in another state against a person or company who is located in Illinois. That’s the good news. Unfortunately, the judgment debtor probably isn’t too keen on paying you, and probably won’t do so automatically. That means you’ll need to enforce the judgment. Your out-of-state judgment lets you pursue various collection efforts Read More
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Forgiveness of $287M in Trump’s Chicago Tower Debt Raises Fraud and Tax Questions
The saga surrounding former president Donald Trump’s tax returns includes the revelation that, since 2010, his lenders have forgiven roughly $287 million in the debt that financed the Trump International Hotel and Tower in Chicago. The episode underscores the need for lenders to exercise the highest level of diligence when extending credit to borrowers with Read More
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Dominion Voting Machine Defamation Suit Raises Major Judgment Collection Issues
In early 2021, Dominion Voting Systems filed defamation lawsuits in federal court against Donald Trump’s former personal lawyer Rudy Giuliani, former Trump campaign attorney Sidney Powell and MyPillow CEO Mike Lindell. Each defendant is accused of repeated peddling of debunked allegations that Dominion was involved in fraud that delivered the 2020 election to Joe Biden. Read More
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As Illinois Public Pension Crisis Continues, More Intercept Cases Are Likely
Illinois’ municipal public safety pensions remain drastically underfunded, according to recent studies. The disparity shows no sign of abating, as municipal tax revenues that finance the pensions have fallen during the COVID-19 pandemic. Threatened with insolvency, pension trustees throughout the state may need to use the state’s powerful “pension intercept” law to obtain the needed Read More
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Effective Debt Collection Strategies for Small Businesses
Client relationships are the lifeblood of your company. Employing well-structured billing procedures and an effective debt collection strategy can prevent interruptions to your cash flow while maintaining healthy client relationships. Billing procedures should include clear written communication of all credit advancement terms and repayment terms, including how often the company will bill the client, the Read More
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Minority Shareholders in Close Corporations May Have Fiduciary Duties
Corporate law provides shareholders protections. Officers and directors of a corporation owe shareholders a fiduciary duty — a legal obligation to refrain from putting their own interests ahead of the shareholders’. In a closely held corporation, majority shareholders usually hold or control the officer and director posts, which means they owe fiduciary duties to minority Read More
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Pending Illinois Legislation Would Further Limit Covenants Not to Compete
Illinois lawmakers are considering a measure to exempt more workers from restrictions on seeking new jobs after leaving an employer. The bill would add to the protections set out in the 2016 Illinois Freedom to Work Act, which bans covenants not to compete on certain workers. Both the IFWA and the proposed law follow a Read More
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Resolving Disputes Between Co-owners of a Small Company
Co-owners who had common goals when they started their business may find their paths veering in different directions as time passes. Whether it’s a clash in management styles or business plans, a dispute between co-owners of a small company can interfere with day-to-day operations and possibly imperil the company’s future. Swift and effective resolution of Read More
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Setting Aside Fraudulent Transfers to Collect Money You Are Due
When someone who owes you money frustrates your efforts to collect by suddenly becoming cash poor, they may have committed a fraudulent transfer. This occurs when a debtor moves non-exempt assets to another person or entity to shield them from legitimate creditors. Fortunately, a remedy exists. Illinois’ Uniform Fraudulent Transfer Act (IUFTA) lets creditors file Read More
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Federal Bill Would Provide Billions for Illinois Pension Crisis Relief
The Illinois pension crisis continues to be the worst in the country. According to a state financial report, Illinois pension funds currently have a shortfall of $137 billion, meaning that only 40 percent of pensions for teachers, state workers, judges, public university employees and local government employees are actually funded. A federal bill called the Read More
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