GCK On Law
New Requirements for Illinois Notaries
On July 23, 2021, Governor Pritzker signed Public Act 102-0160, amending the Illinois Notary Public Act. Subsequently, on June 5, 2023, the Illinois Secretary of State's Office (IL SOS) adopted administrative rules to implement Public Act 102-0160 and provide...
Should I Hire an Attorney to Prepare My Last Will and Testament? Lessons From Aretha Franklin
The “Queen of Soul,” Aretha Franklin, passed away on August 16, 2018 at age 76. She was survived by four children from three different fathers. Initially when she passed away, her family could not find a Will and began to probate Aretha’s estate as if she had not left...
The Corporate Transparency Act: New Reporting Requirements for Businesses
On January 1, 2021, Congress enacted the Corporate Transparency Act (codified as 31 U.S.C. §5336) (“CTA”) within the larger National Defense Authorization Act (“NDAA”). The NDAA authorized funds for the Department of Defense, the military, the Department of Energy,...
Courts divided whether corporations are “individuals” for purposes of awarding damages under Section 362(k)
Damages for stay violations are allowed under Section 362(k) of the Bankruptcy Code. Section 362(k)(1) provides that “[e]xcept as provided in paragraph (2), an individual injured by any willful violation of a stay provided by this section shall recover actual...
Effect and Severance of Rights of Survivorship in Bankruptcy Proceedings under Section 541(a)
In In re Chernushin, 911 F.3d 1265 (10th Cir. 2018), Gregory and Andrea Chernushin owned a second home in Colorado in joint tenancy with right of survivorship. Eventually, Mr. Chernushin (but not Ms. Chernushin) filed for bankruptcy. During the bankruptcy...