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 …
Tag Archives: 2-1402
Denial of Motion for Judgment in Citation Proceedings Not Final – Appeal Dismissed (IL 1st Dist.)
While there are nuances and some exceptions to it, the general rule is that only “final” orders are appealable. If a trial court’s order is final, the losing party can appeal it. If the order isn’t final – meaning, the case is still going on – the losing party can’t appeal it. Whether an order is final …
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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