Advocate Financial Group, LLc v. 5434 North Winthrop, LLC

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2015 IL App (2d) 150144
Decision Date: 
Monday, November 23, 2015
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
HUDSON

Plaintiff obtained a judgment against a corporation that was dissolved afterward. Defendant's sole asset, a building in Chicago, had been sold to a purchaser, that later resold it to another company. After bench trial, court granted turnover order against final purchaser, holding that it was responsible for Defendant's debts. On remand, based on evidence from original hearing, trial court found that initial purchaser was a "straw man" and that the two sales were in reality one prearranged transfer from first to second purchaser, undertaken to avoid the judgment debt to Plaintiff. Court's findings were not against the manifest weight of the evidence, and court correctly granted Plaintiff the requested turnover order, as court reasonably relied on evidence from which a reasonable inference was that the two transactions were really one. (McLAREN and BIRKETT, concurring.)