Legal Opinion · Dissent

Parks v. CNAC-Joliet, Inc.

Appellate Court of Illinois

Decided February 27, 2008No. 3—07—0336Published

1DissentJustice Carter

I agree with the statement in the majority’s opinion that under proper circumstances, a secured creditor in a consumer-goods transaction may, in a notice of disposition of collateral, provide the debtor with an actual accounting, rather than a statement that an accounting may be obtained at a certain cost. The Code itself and the official comments support that conclusion. I disagree with the majority when it determines that the financial information in this case did not create the correct circumstances for such a rule. I also dissent because I disagree with other aspects of the majority’s…

2Cases cited4 opinions

  1. Amalgamated Bank of Chicago v. Kalmus and Associates, Inc.Appellate Court of Illinois · 2000
  2. Boender v. Chicago North Clubhouse Ass'n, Inc.Appellate Court of Illinois · 1992
  3. Coxall v. Clover Commercial Corp.Civil Court of the City of New York · 2004
  4. In Re DowningUnited States Bankruptcy Court, W.D. Missouri · 2002

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