The issue on appeal in National Life Real Estate Holdings, LLC v. Scarlato, 2017 IL App (1st) 161943 was whether a judgment creditor could reach loan proceeds flowing from a lender to a judgment debtor’s associated business entity where the debtor himself lacked access to the proceeds. Answering “yes,” the Court considered some of Illinois …
Category Archives: Post-judgment – Collections
Paul Versus the Rapper: How YouTube Tutorials and Creative Lawyering Played Key Roles in Recovering Judgment Against Elusive Defendant
In almost two decades of practicing in the post-judgment arena, My clients and I have run the emotional gamut from near-intoxicating highs (the “unicorn” fact patterns where the debtor pays up immediately or, even better, the debtor forgets to empty his bank account and when we freeze it, there’s more than enough funds to satisfy …
Corporate Officer Can Owe Fiduciary Duty to Company Creditors – IL Court in ‘Deep Cut’* Case
Five years in, Workforce Solutions v. Urban Services of America, Inc., 2012 IL App (1st) 111410 is still a go-to authority for its penetrating analysis of the scope of post-judgment proceedings, the nature of fraudulent transfer claims and the legal relationship between corporate officers and creditors. Here are some key questions and answers from the …