United States Seventh Circuit

In a debt-collection action, denial of a motion to set aside plaintiffs' allegedly fraudulent conveyance of a house in order to avoid creditors is reversed and remanded where: 1) a resulting trust arose in favor of defendants as a result of their transfer of the property to a person not intended to have the beneficial interest therein; and 2) the Illinois Uniform Fraudulent Transfer Act required a thorough inquiry into whether the transfer was fraudulent.

Appellate Information

• Argued 01/16/2008
• Decided 08/27/2008
• Published 08/27/2008

Judges

• WOOD, Circuit Judge., Before MANION, WOOD, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas W. Flannigan (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Gary Less, Michelle Less, John H. Ward (argued), Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, IL, for Defendants-Appellees., Charlene Werner, Woodstock, IL, for Appellee.