Hayward v. Scorte, 2020 IL App (1st) 190476, reads like a creditors’ rights practice manual for its detailed discussion of the nature and scope of various creditor remedies under the Illinois supplementary proceedings and garnishment statutes. (735 ILCS 5/2-1402 and 735 ILCS 5/12-701 et seq., respectively.) The plaintiffs confirmed a half-million dollar arbitration award against …
Tag Archives: piercing the corporate veil
Debtor’s Use of LLC As ‘Personal Piggy Bank’ Leads to Turnover and Charging Orders
Golfwood Square, LLC v. O’Malley, 2018 IL App(1st) 172220-U, examines the interplay between a charging order and a third party citation to discover assets turnover order against an LLC member debtor. The plaintiff in Golfwood engaged in a years’ long effort to unspool a judgment debtor’s multi-tiered business entity arrangement in the hopes of collecting a …
Veil Piercing Claim Triable By Jury; Consumer Fraud Act Applies to Failed Gas Station Sale – IL 3rd Dist.
An Illinois appeals court recently affirmed a $700K money judgment for a gas station buyer in a fraud case against the seller. The plaintiff gas station buyer in Benzakry v. Patel, 2017 IL App(3d) 160162 sued the seller when the station closed only a few months after the sale. The plaintiff alleged he relied on …