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

(Court opinion corrected 9/19/14.) Plaintiff obtained judgment against corporation that had been dissolved, and whose sole asset was a residential building which had been sold to purchaser that later resold it. Court erred in entering turnover order relying solely on mere-continuation exception but without finding fraudulent purpose behind transactions. Court erred in failing to consider whether intervening sale was a mere mechanism for arranging transfer from original corporation to corporate clone with intermediary's conscious participation from the start. Fraud is so intertwined with question of whether transactions were bona fide that fraud question is an essential issue and must be addressed.(HUTCHINSON, concurring; JORGENSEN, dissenting.)