Recent Blog Posts

Litigating the Suit to Set Aside a Fraudulent Transfer

By Andrew R. Schwartz | Published June 13, 2014 | Posted in Uncategorized | Comments Off on Litigating the Suit to Set Aside a Fraudulent Transfer

Andrew Schwartz and Thomas Kanyock co-author chapter in recent IICLE publication.

Equitable Remedies FAQs

By Andrew R. Schwartz | Published June 11, 2014 | Posted in Equitable Remedies | Tagged Tags: accounting, appointing a receiver, dissolving a business, foreclosing a mortgage, injunctions | Leave a comment

What are “equitable remedies”? Illinois recognizes two basic types of relief in civil cases. A “legal” action is one where money damages will adequately compensate a plaintiff.

What You Need to Know About Appeals

By Andrew R. Schwartz | Published June 11, 2014 | Posted in Appeals | Tagged Tags: administrative appeals, certified questions, discretionary appeals, final judgment, interlocutory appeals | Leave a comment

What is an “appeal”? Generally speaking, the term “appeal” means a request for a higher court to review a lower court’s decision.

What You Need to Know About Confession Judgments Part 2

By Andrew R. Schwartz | Published June 9, 2014 | Posted in Confession Judgment | Tagged Tags: judgment debtor, lender, warrant of attorney | Leave a comment

How does a judgment debtor fight a “confession judgment”? The first step to combatting a “confession judgment” is to eliminate it.

Commercial Litigation FAQs

By Andrew R. Schwartz | Published June 9, 2014 | Posted in Commercial Litgation | Tagged Tags: breach of contract, common law fraud, consumer fraud, fraud claim | Leave a comment

What is “commercial litigation”? Generally speaking, we use the broad term “commercial litigation” to describe any litigation involving trade and commerce.

Fraudulent Transfers in Illinois

By Andrew R. Schwartz | Published May 29, 2014 | Posted in Commercial Litgation | Tagged Tags: creditors rights, debtor fraud, Uniform Fraudulent Transfer Act | Leave a comment

What is Illinois’ Uniform Fraudulent Transfer Act (“IUFTA”)? The IUFTA is a statute designed to combat fraudulent transfers by debtors that impair the rights of creditors.

Confession Judgments

By Andrew R. Schwartz | Published May 29, 2014 | Posted in Commercial Litgation | Tagged Tags: confession judgment litigation, creditor, debtor | Leave a comment

What is a “confession-of-judgment clause”? A “confession-of-judgment clause,” also called a “cognovit,” is a contract provision that lets a creditor appoint a lawyer for the debtor, who agrees to let the creditor take a judgment against the debtor.

Beyond Dissipation: The Effective Use of Illinois’ Fraudulent Transfer Act in Divorce Litigation

By Andrew R. Schwartz | Published January 23, 2014 | Posted in Uncategorized | Comments Off on Beyond Dissipation: The Effective Use of Illinois’ Fraudulent Transfer Act in Divorce Litigation

Andrew R. Schwartz and Thomas J. Kanyock discuss the use of Illinois’ fraudulent transfer act in divorce litigation in new article.

Pleading and Opposing a Supreme Court Rule 137 Motion For Sanctions

By Andrew R. Schwartz | Published January 23, 2014 | Posted in Uncategorized | Comments Off on Pleading and Opposing a Supreme Court Rule 137 Motion For Sanctions

Andrew Schwartz argues that sanctions motions qualify as pleadings, and are subject to the procedural rules and statutes governing pleadings in a new article.

In re Marriage of Chez, 2013 IL App (1st) 120550

By Andrew R. Schwartz | Published November 26, 2013 | Posted in Uncategorized | Comments Off on In re Marriage of Chez, 2013 IL App (1st) 120550

In re Marriage of Chez, 2013 IL App (1st) 120550.

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