Debtor’s (Non-Spousal) Inherited IRA Not Exempt from Civil Judgment – IL...
Case: In re Marriage of Xenakis, 2015 IL App (1st) 141297 Fact Snapshot: The judgment debtor successfully moved to discharge citations issued to the custodian of an individual retirement account (IRA)...
View ArticleDenial of Motion for Judgment in Citation Proceedings Not Final – Appeal...
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...
View ArticleLender Lambasted for Loaning Funds to Judgment Debtor’s Related Business – IL...
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...
View ArticleDebtor’s Use of LLC As ‘Personal Piggy Bank’ Leads to Turnover and Charging...
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....
View ArticleR. Kelly’s Royalty Account Nabbed by Sex Assault Judgment Creditor
Midwest Commercial Funding, LLC v. Kelly, 2022 IL App (1st) 210644 shows the harsh results that can flow from the failure to follow a statute’s service requirements to the letter. There, dueling...
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