It’s easy to robotically parrot the “beneficial interest in a land trust is personal property” rule but First Clover Leaf Bank v. Bank of Edwarsville, 2014 WL 6612947 (5th Dist. 2014) actually examines the rule’s impact against the factual backdrop of a judgment creditor trying to lien a debtor’s residence. The creditor plaintiff obtained a $400,000-plus judgment …
Category Archives: Real estate litigation
Motions to Continue Trial: Illinois Standards
In K&K Iron Works v. Marc Realty, LLC, 2014 IL App(1st) 133688, a construction dispute involving a Chicago fitness center, the court discusses the factors a court considers when deciding whether to grant a trial continuance. There, on the day of trial, after several years of litigation, the property manager defendant fired its attorney …
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The Third-Party Citation: How Long Does It Last?
Shipley v. Hoke, 2014 IL App (4th) 130810 provides an exhaustive discussion of Illinois’ post-judgment enforcement rules in the context of a judgment creditor trying to reach debtor assets held by third parties. It’s key points concerning a citation’s life span include: – Code Section 2-1402 allows a judgment creditor to prosecute supplementary proceedings for the purposes of examining a …
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