On March 23, 2021, Illinois’ new Predatory Loan Prevention Act (“PLPA”), Senate Bill No. 1792, was signed into law, Public Act 101-0658, causing it to become effective immediately. The PLPA is a consumer protection law, and it will significantly impact lenders making certain consumer loans in Illinois. This note covers…
Read More »The Eleventh Circuit affirmed a Florida district court’s rejection of a bankruptcy debtor’s attempt to use the “All Writs Act” to challenge the lender’s foreclosure on her property finding it was not the kind of case for which the All Writs Act was designed. In Rohe v. Wells Fargo Bank,…
Read More »On March 9, 2021, the CFPB issued an interpretative rule clarifying that with respect to any aspect of credit transaction, the Equal Credit Opportunity Act’s (“ECOA”), and its implementing Regulation B’s, prohibition against sex discrimination encompasses sexual orientation discrimination and gender identity discrimination, including discrimination based on actual or perceived…
Read More »In City of Chicago v. Fulton, No. 19-357 (U.S. Jan. 14, 2021) the Supreme Court of the United States reversed a series of lower court rulings finding that the City of Chicago did not violate the bankruptcy code’s automatic stay provision when it refused to return vehicles to Chapter 13…
Read More »On December 22, 2020, the Illinois Supreme Court issued M.R. 30370. This Order provides a certification form entitled “Plaintiffs Certification of Compliance with the Governor’s Executive Orders on Evictions” and requires that the filing of any eviction complaint be accompanied by a completed copy of the certification form. The certification…
Read More »The district court dismissed two complaints alleging that a dunning letter was false and misleading under the FDCPA on the grounds that it failed to state a claim. The Seventh Circuit in Larkin v. Financial System of Green Bay, Inc., No. 18-3582 (7th Cir. Dec. 14, 2020) affirmed but on…
Read More »An Illinois Appellate Court in Fox Fire Tavern, LLC v. Pritzker, 2020 BL 441165 (2d) has upheld Illinois Governor Jay Pritzker’s Executive Order imposing restrictions on dining establishments as a result of the Covid-19 pandemic. At issue in the case was whether the Governor had the authority under Illinois’ Emergency…
Read More »On November 19, 2020, the Illinois Supreme Court amended its Rule 113 to require that notices of foreclosure sale under Section 15-1507(c) of the Illinois Mortgage Foreclosure Law must be served electronically upon all defendants who have appeared in the foreclosure case in accordance with its Rule 11. The amendment…
Read More »On November 13, 2020, the Governor of Illinois issued Executive Order 2020-72 which amended the eviction moratoria to now apply only to “covered persons,” mirroring the terms of the September 4, 2020 Center for Disease Control’s national moratorium on residential evictions. A “covered person” is a tenant, lessee or resident…
Read More »In Brown v. Azar, No. 1:20-CV-03702-JPB (N.D. Ga. Oct. 29, 2020), several landlords brought suit against the Secretary of the U.S. Department of Public Health and Human Services (“HHS”) challenging the Center for Disease Control and Prevention’s (“CDC”) September 4, 2020 moratorium on residential evictions (“Order”). They sought a preliminary…
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