United States Seventh Circuit

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Dexia Credit Local v. Rogan, 09-2986

In plaintiff's suit for supplemental proceedings, requesting turnover of assets held in trusts that defendant had established, including trusts in the names of each of defendant's three adult children, to satisfy a $124 million judgment against defendant, district court's judgment ordering the turnover to plaintiff of nearly all assets of the defendant's children's trusts and terminating the children's interests in those trusts, is affirmed where: 1) district court's determination regarding subject matter jurisdiction is affirmed as complete diversity of citizenship exists; 2) the retroactive application of Rule 21 rendered the judgment final and enforceable against the remaining parties, and the district court did not err in allowing the matter to proceed upon the citations that had already issued; 3) district court did not exceed the broad power and authority that is granted to courts in supplemental proceedings to apply assets to satisfy a judgment; 4) defendant's children were not entitled to have a jury decide whether defendant owned and controlled the assets that were held in the children's trusts; 5) statute of limitations and the statute of repose cited by defendant's children did not bar the supplemental proceedings; 6) defendant's children's challenge to the district court's findings of fact is rejected; 7) there is no error in the district court's imposition of a constructive trust on all but $30,000 of the trust assets; 8) defendant's children's claim that there was insufficient evidence that any of the citation respondents held defendant's property is rejected; and 9) the Illinois's supplementary proceedings statute contemplates the relief ordered by the district court in this case and the defendant's children have pointed to no authority showing that Illinois's statute violates due process.

Appellate Information

  • Argued 02/22/2010
  • Decided 11/24/2010
  • Published 11/24/2010

Judges

  • SPRINGMANN

Court

  • United States Seventh Circuit

Counsel