Blog

Illinois Court Closure Updates From Kluever & Platt, LLC

We want to share with you the most recent Illinois updates as of April 1, 2020 concerning the impact of the COVID-19 pandemic. As we have witnessed on a global level, this situation continues to rapidly evolve and we anticipate further updates over the coming weeks.

At Kluever & Platt, LLC, we are dedicated to meeting your legal needs with minimal interruption in service during this unprecedented time. To that end, we are committed to keeping you informed and maintaining the superior level of service you have come to expect from our Firm. The plans and procedures we have in place allow us to continue delivering the highest level of quality service during this unique time, and will allow us to do so going forward. As the situation continues to evolve, the vast majority of our employees are working remotely. For the few essential employees that we continue to have on site to meet your needs, they are following all CDC and WHO guidelines, including practicing social distancing. If required, we have the ability to have all employees and attorneys work remotely while fully meeting our clients' needs and expectations. Rest assured that while we are focused on the health and safety of our professionals and those around us, we remain focused on continuing to deliver quality legal service to our clients.
 
We want to share with you the most recent Illinois updates as of April 1, 2020 concerning the impact of the COVID-19 pandemic. As we have witnessed on a global level, this situation continues to rapidly evolve and we anticipate further updates over the coming weeks.
 
Most Illinois counties have postponed most pending mortgage foreclosure matters for at least 30 days, if not longer. The most current information on court closures, which continues to change as new information is released and individual courts reassess their responses, can be found here: 
http://illinoiscourts.gov/Administrative/covid-19.asp. Updates for the largest counties in Illinois are set forth below.
 
Cook County
On March 30, 2020, the Circuit Court of Cook County issued Amended General Administrative Orders providing for the following:  

  • Staying all scheduled court dates for a period of 30 days from the originally scheduled court date or a date not more than 30 days after May 18, 2020, whichever is later;

  • Staying all evictions of residential real estate to May 18, 2020. Any orders for possession expiring before May 18, 2020 are extended 60 days or until June 15, 2020, whichever is earlier;

  • Specifically placing a moratorium on final judgments (Order Approving Sale) and executions of judgments (Evictions resulting from the Order Approving Sale) in the Chancery Division.

What is still being delayed?

What is being allowed to go forward?

  • Mediations/Case Management Conferences

  • Motions for Judgment (i.e., judgments of foreclosure and sale)

  • Motions for Entry of an Order Approving Sale (“OAS”)

  • Court appearances on non-emergency motions

  • Holding sales before May 18, 2020

  • Evictions

  • Filing new cases (“First Legal”)

  • Completing service of process

  • Placing publication notices

  • Filing and scheduling motions for hearing on or after May 18, 2020 (subject to availability)

  • Scheduling new sales after May 18, 2020

Collar Counties
DuPage County
All pending civil cases set through April 17, 2020 will be continued for a period between 30-60 days from the originally scheduled court date. The Court Clerk will send notice of assigned future court dates. New foreclosure actions may still be filed electronically
 
Will County
All pending civil cases shall be postponed and rescheduled until April 30, 2020. The Court Clerk will send notice of assigned future court dates. New foreclosure actions may still be filed electronically
 
Lake County
All pending civil cases shall be postponed and rescheduled 28 days from the originally scheduled date. The
Court Clerk will send notice of assigned future court dates. The Sheriff will cease foreclosure sales and the execution of eviction orders until further notice. New foreclosure actions still may be filed electronically. Any applicable stays for the mandatory mediation program on residential real estate have a 35 day extension:

  • 42 day stay following service

  • 45 day stay to complete a loss mitigation package

  • 35 day deadline for Plaintiff to complete Plaintiff's Checklist

Mediations will still take place telephonically once all pre-mediation requirements have been met.
 
Kane County
All pending civil cases continued for a period of at least 35 days from the originally scheduled court date. The Court Clerk will send notice of assigned future court dates. The Sheriff shall cease the execution of eviction orders and will resume execution on April 20, 2020. New foreclosure actions may still be filed electronically.
 
McHenry County
All pending civil cases should be continued from the originally scheduled court date to a date past April. New foreclosure actions may still be filed electronically.
 
Other Counties
In Grundy and LaSalle counties, all mediations through April will be postponed. Details are still forthcoming regarding future dates.
 
In Madison and Bond counties all court dates and mediations are continued a period of 30 days up to and including May 22, 2020.
 
The Courts in most other counties are following procedures similar to those above. Please feel free to contact us for more detailed information if you have a question concerning a specific county not listed above, or have any questions or concerns concerning the counties listed above.

U.S. District Court
The District Court for the Northern District of Illinois has again extended all scheduled filing deadlines in all civil cases by an additional 28 days from current deadlines, which was on top of the previous 21-day extension ordered by the Court (with the exception of deadlines to file notices of appeal, which remain in place). All court hearings scheduled on or before May 1, 2020 are stricken and will be re-set by the presiding judge to a date on or after May 4, 2020. Civil jury trials scheduled for on or before May 29, 2020 are stricken and will be re-set by the presiding judge to a date on or after June 1, 2020.
 
Northern District of Illinois - Bankruptcy Court
For the time being, each judge continues to hold their calls telephonically. All matters can be scheduled without delay, and hearings are not being continued due to COVID-19.
 
As we obtain additional information regarding loan level matters, we will update those on a case by case basis via your preferred method of communication. 
 
If you have any questions or need any assistance of any kind, please contact:

Kathleen Kramer
Director of Operations

kkramer@klueverplatt.com           

Anthony Porto
Director of Compliance

aporto@klueverplatt.com

 
Blake Strautins
Partner and Litigation Managing Attorney

bstrautins@klueverplatt.com           

 
David Kluever
Managing Partner

dkluever@klueverplatt.com

 

Contributors