Dexia Credit Local v. Rogan

Federal 7th Circuit Court
Civil Court
Diversity Jurisdiction
Citation
Case Number: 
No. 08-3500
Decision Date: 
April 26, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not lack subject-matter jurisdiction in supplemental proceedings against debtor's wife seeking to enforce judgment against debtor where creditor sought preliminary injunction to prevent wife from transferring certain assets to assist debtor to avoid paying said judgment. While complete diversity was lacking in underlying lawsuit against debtor-husband where plaintiff-creditor and two named partnership defendants in said lawsuit were foreign entities, wife could not collaterally attack said judgment to throw out supplemental proceedings since underlying action against debtor-husband was final by time wife filed instant motion to dismiss supplemental proceedings. Moreover, Dist. Ct. did not err in dismissing under Rule 21 both non-diverse defendants in underlying lawsuit in response to wife's dismissal motion in order to preserve its jurisdiction.