Q: Can a judgment creditor recover attorneys’ fees incurred in both its post-judgment discovery efforts after a default judgment against a defunct corporation and a subsequent piercing the corporate veil action to enforce the prior judgment where the contract with the defunct entity contains an attorneys’ fees provision? A: Yes. That’s the salient and nuanced holding from Steiner Electric …
Category Archives: Real estate litigation
7th Circuit Provides Primer on Fraudulent Transfer and Alter Ego Doctrine In Contract Dispute
The Seventh Circuit affirmed an almost $3M judgment against the defendants under fraudulent transfer, successor liability and alter ego rules in Center Point v. Halim, 2014 WL 697501. The plaintiff energy company entered into a written contract to supply natural gas to defendants’ 41 Chicago area rental properties. The individual defendants – a husband and wife – managed …
Commercial Tenant’s Promise to Refund Broker Commissions Barred by Statute of Frauds – IL First Dist.
The plaintiff property owner in Peppercorn 1248 LLC v. Artemis DCLP, LLP, 2016 IL App (1st) 143791-U, sued a corporate tenant and its real estate brokers for return of commission payments where the tenant never took possession under a ten-year lease for a Chicago daycare facility. Shortly after the lease was signed, the tenant invoked a licensing contingency and terminated the lease. The …