90th General Assembly
Summary of SB0465
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Senate Sponsors:
CULLERTON-PETERSON.

House Sponsors:
MEYER

Short description: 
CIV PRO-TENANCY-DEFRAUD-CREDIT                                             

Synopsis of Bill as introduced:
        Amends the Code of Civil Procedure to exclude from the  provision      
   forbidding  property  held  in tenancy by the entirety to be sold upon      
   judgment against one creditor,  property  that  was  transferred  into      
   tenancy  by  the  entirety  in  violation  of  the  Uniform Fraudulent      
   Transfer Act.  Amends the Joint Tenancy Act. Provides that it  is  not      
   the  intent  of  the  Joint  Tenancy  Act to enable a person to make a      
   devise,  conveyance,  assignment,  or  other  transfer   of   property      
   maintained  or intended for maintenance as a homestead by both husband      
   and wife together during coverture declaring that the devise  is  made      
   to  persons,  expressly  named  as husband and wife, as tenants by the      
   entirety in order to defraud a creditor.                                    
        HOUSE AMENDMENT NO. 1.  (House recedes June 1, 1997)                   
          Deletes reference to:                                                
          765 ILCS 1005/1c                                                     
          Adds reference to:                                                   
          810 ILCS 5/9-301                from Ch. 26, par. 9-301              
        Deletes everything.   Amends  the  Code  of  Civil  Procedure  to      
   exclude, from the provision forbidding property held in tenancy by the      
   entirety  to be sold upon judgment against one creditor, property that      
   was transferred into tenancy by the entirety with the actual intent to      
   hinder, delay, or defraud creditors.  Amends  the  Uniform  Commercial      
   Code  to  provide  that  an unperfected security interest has priority      
   over the rights of a lien creditor if the lien creditor is  a  trustee      
   or  receiver  of  a state or federally chartered financial institution      
   and a security interest  is  granted  by  the  financial  institution.      
   Effective immediately.                                                      
        CONFERENCE COMMITTEE REPORT NO. 2.                                     
        Recommends that the House recede from H-am 1.                          
        Recommends that the bill be amended as follows:                        
          Adds reference to:                                                   
          35 ILCS 200/21-260                                                   
          735 ILCS 5/12-112               from Ch. 110, par. 12-112            
        Deletes everything. Amends the Property Tax Code.  Provides  that      
   mineral  rights  offered for sale at a scavenger tax sale and not sold      
   or confirmed after being offered for sale  for  10  consecutive  years      
   shall  not  be offered for sale. Amends the Code of Civil Procedure to      
   exclude, from the provision forbidding property held in tenancy by the      
   entirety to be sold upon judgment against one creditor, property  that      
   was  transferred  into tenancy by the entirety with the sole intent to      
   avoid the payment of debts existing at the time of the transfer beyond      
   the transferor's ability to  pay  those  debts  as  they  become  due.      
   Effective immediately.                                                      
 
Last action on Bill: PUBLIC ACT.............................. 90-0514

   Last action date: 97-08-22

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 



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