Civil procedure — citation to discover assets

Posted November 14, 2017 1:36 PM

Where a bank extends a loan to a judgment debtor after receiving a citation restraining it from transferring any of the debtor’s properties, the bank has violated the restraining provision of the citation if it disperses even if the terms of the loan are structured to avoid the debtor personally possessing the dispersed funds.The 1st District Appellate Court vacated and remanded a decision from Cook County Circuit Judge Alexander White.In 2012, National Life Real Estate Holdings LLC sued Ronald Scarlato and was …

To Read the Full Story

Your source for legal news and information

Print & Digital Access

Stay in the know all year long with these benefits:

Delivery to your office in downtown Chicago or mailed outside our hand-delivery zone.
Unlimited access to chicagolawbulletin.com.
Access to our e-edition and mobile site.
Breaking news alerts, Morning Lineup and Afternoon Headlines.
Exclusive access to events, discounts and more.

Order now, or call 312-644-2394 or email Subscription@LawBulletinMedia.com for details.

Be in the know. These must-read insider briefings will keep you

informed of the latest legal developments in Chicago. Sign up today!

Civil procedure — revocation of pretrial release

Where defendant seeks review of the circuit court’s decision revoking his pretrial release, any appeal is reviewed for abuse of discretion.
Criminal law — felon-in-possession

Where felon’s conviction for possessing firearm and ammunition was supported by evidence recovered from motel room that felon had abandoned, sufficient evidence existed to support convictions.
Criminal procedure — revocation of probation

Where defendant is charged with a criminal offense while on probation, his probation may be revoked and he is not eligible for pretrial release.
Probate — statute of limitations

Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
Criminal procedure — plea agreement

Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.
Criminal procedure — waiver of counsel

Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.