Rochelle State Bk. v. Gavic

6 Citing cases

  1. First National Bank v. Adkins

    272 Ill. App. 3d 111 (Ill. App. Ct. 1995)   Cited 10 times
    Allowing judgment lien to be revived pursuant to statute after statute of limitations had run despite intervening bankruptcy discharge of personal liability on judgment lien

    As already noted, this does not affect a preexisting lien on the debtor's property. (See also Rochelle State Bank v. Gavic (1979), 70 Ill. App.3d 42, 43, 388 N.E.2d 436, 437-38; Avco Finance Co. v. Erickson (1971), 132 Ill. App.2d 868, 870, 270 N.E.2d 111, 112.) There is nothing in the statute or case law requiring that a petition to revive a judgment be filed, or the judgment itself be revived, prior to expiration of the then existing seven-year period in which the judgment lien may still be enforced.

  2. Prairie Production Credit Ass'n v. Bianucci

    600 N.E.2d 523 (Ill. App. Ct. 1992)   Cited 4 times

    Neither case gives strong support to defendants' theory. Rather, we conclude the proper rule is that set forth in Farmers State Bank v. Hansen (1990), 196 Ill. App.3d 295, 553 N.E.2d 751, Rochelle State Bank v. Gavic (1979), 70 Ill. App.3d 42, 388 N.E.2d 436, and Avco Finance Co. v. Erickson (1971), 132 Ill. App.2d 868, 270 N.E.2d 111. In Chamberlain, a suit was brought to revive a judgment against joint judgment debtors, one of whom had been discharged in bankruptcy.

  3. In re Marriage of Lees

    224 Ill. App. 3d 691 (Ill. App. Ct. 1992)   Cited 14 times

    ( In re Marriage of Cesaretti (1990), 203 Ill. App.3d 347, 561 N.E.2d 306.) A discharge in bankruptcy, being personal to the bankrupt, does not act as a release of liens or security interests in the property owned by him. Farmers State Bank v. Hansen (1990), 196 Ill. App.3d 295, 553 N.E.2d 751; Rochelle State Bank v. Gavic (1979), 70 Ill. App.3d 42, 388 N.E.2d 436. • 2 Applying the above principles, we find that the trial court could properly order Brian to pay a portion of the debt. It was undisputed that Sherry's real estate was nonmarital property and that the lien encumbering it was the result of a marital debt incurred during the marriage for the purpose of financing the parties' business.

  4. Farmers State Bank v. Hansen

    196 Ill. App. 3d 295 (Ill. App. Ct. 1990)   Cited 10 times
    In Hansen, the circuit court entered an order of revival in regard to a judgment against a judgment debtor subsequently discharged in bankruptcy.

    • 2-4 Additionally, a discharge in bankruptcy, being personal to the bankrupt, does not act as a release of liens or security interests in property owned by him. ( Rochelle State Bank v. Gavic (1979), 70 Ill. App.3d 42.) Thus, a valid, prefiled lien is not extinguished by the discharge of debtors. Furthermore, a revival of a judgment is not the creation of a new judgment, but merely a continuation of the judgment revived.

  5. Triangle Refineries, Inc. v. Brua

    364 N.W.2d 863 (Minn. Ct. App. 1985)   Cited 5 times
    Disallowing judgment lien from attaching to exempt homestead property

    Other jurisdictions are in accord with Olsen. See Rochelle State Bank v. Gavic, 70 Ill. App.3d 42, 43, 26 Ill.Dec. 721, 726, 388 N.E.2d 436, 438 (1979) (a discharge "does not preclude the enforcement of a lien under the judgment which is recognized as valid under state law and is not invalidated by the bankruptcy proceeding"); see also Albritton v. General Portland Cement Co., 344 So.2d 574, 576 (Fla. 1977) (nothing in statute authorizes the invalidation of liens which survive bankruptcy, to the extent there existed property subject to lien when the petition was filed); Ducker v. Standard Supply Co., 280 S.C. 157, 311 S.E.2d 728 (S.C. 1984). Even though Triangle's debt was listed among the unsecured creditors, Brua's discharge did not affect the enforce-ability of Triangle's lien obtained prior to the bankruptcy petition.

  6. Filker v. Honda Motor Co.

    409 N.E.2d 495 (Ill. App. Ct. 1980)   Cited 4 times
    In Filker, the plaintiff received medical treatment following a motorcycle accident and was discharged from the hospital with unpaid bills in excess of $25,000.

    " ( Avco Finance Co. v. Erickson (1971), 132 Ill. App.2d 868, 870, 270 N.E.2d 111, 112. Accord, Rochelle State Bank v. Gavic (1979), 70 Ill. App.3d 42, 388 N.E.2d 436.) This was precisely the procedure followed by the petitioner in the case at bar.