Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
A law firm’s failure to scrutinize its client’s transfer of property to a land trust backfired in Radiance v. Accurate Steel, 2018 WL 1394036. The case presents a priority fight between the plaintiff judgment creditor and the law firm who defended the debtor in post-judgment proceedings. The Relevant Chronology August 2013 – Defendant debtor transferred …
Continue reading “Judgment Creditor and Debtor’s Lawyers Duke It Out Over Equity in Home – ND IL”
A Northern District of Illinois bankruptcy judge recently rejected a creditor’s attempt to nix a debtor’s discharge for fraud. The creditor alleged the debtor tried to escape his creditors by shedding assets before his bankruptcy filing and by not disclosing estate assets in his papers. Finding for the debtor after a bench trial, the Court …
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 …
Continue reading “The Third-Party Citation: How Long Does It Last?”