McGinley Partners, LLC v. Royalty Properties, LLC

Illinois Appellate Court
Civil Court
Citation to Discover Assets
Citation
Case Number: 
2021 IL App (1st) 200390
Decision Date: 
Wednesday, March 31, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed as modified.
Justice: 
GORDON

Plaintiff filed suit against Defendants to enforce a note and guaranty executed in connection with the sale of a horse farm, and obtained an $8.3 million judgment against Defendants in 2/2017, arising from a $1.5 million loan and mortgage executed by Defendant LLC and guaranteed by husband and wife. Trial court entered several orders in supplementary proceedings related to that judgment, in which Plaintiffs served Defendants with citations to discover assets and also served a pharmaceutical corporation founded by wife with a 3rd-party citation to discover assets. Record supports court's finding that transfers (made by that corporation to another corporation founded by wife) were fraudulent. Court properly granted Plaintiff's motions for judgment against corporation, for violations of citation, but amount of judgment is modified to a total amount of $1.394 million, to correct a mathematical error. (REYES and MARTIN, concurring.)