National Life Real Estate Holdings, LLC v. Scarlato

Judgment of $3.5 million was entered against Defendant, and Plaintiff attempted to collect judgment, in supplementary proceeding, by serving a 3rd-party citation to discover assets on a bank that conducted business with Defendant. Bank violated restraining provision of citation, which prohibited transfer of any property belonging to Defendant. Proceeds of a loan are to be considered property belonging to judgment debtor or which he or she may be entitled or which may thereafter be acquired by or become due to him or her, such that advance and disbursement of said proceeds is a violation of citation. (HARRIS, concurring; MIKVA, dissenting.)