Merrill Lynch Commercial Finance Corp. v. Matthews Ventures Holdings LLC et al

Filing 33

MOTION by Plaintiff Merrill Lynch Commercial Finance Corp. for judgment revival (Attachments: # 1 Certificate of Service)(Ott, Michael)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MERRILL LYNCH COMMERCIAL FINANCE
CORP., a Delaware corporation,
Plaintiff
v.
MATTHEWS VENTURES HOLDINGS LLC, a
Connecticut limited liability company; FIRST
HARTFORD CAPITAL CORP., a Connecticut
corporation; FIRST WALLINGFORD CAPITAL
CORP., a Connecticut corporation and ROBERT
V. MATTHEWS,
Defendants.

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Case No. 08-C-954
Honorable Judge Guzman
Magistrate Judge Schenkier

PETITION TO REVIVE JUDGMENT
NOW COMES Plaintiff Bank of America, N.A., successor to Merrill Lynch Commercial
Finance Corp., by its undersigned attorneys, and for this Petition to Revive Judgment brought
pursuant to 735 ILCS 5/2-1601, states as follows:
1.

This is a Petition to revive a judgment entered June 26, 2008, in favor of Plaintiff

and against Defendants, jointly and severally, in the total amount of $2,720,178.13 (the
“Judgment”). The total amount of the Judgment included principal of $2,685,552.18 and attorneys’
fees of $34,625.95.
2.

735 ILCS 5/2-1602(a) provides that an expired judgment may be revived at any

time within 20 years after its original entry to permit continued enforcement of the judgment.
3.

As of January 18, 2017, the balance due on the Judgment was $2,998,212.34. That

amount includes the original Judgment balance of $2,720,178.13 plus accrued post-judgment
interest of $498,179.63, minus collections on the Judgment totaling $219,997.49.

Interest

continues to accrue at the post-judgment interest rate of 2.16% per annum at the rate of $147.93
each day.

WHEREFORE, Plaintiff respectfully requests this Court to enter an order reviving the
Judgment originally entered in this case and for such other and further relief as this Court deems
appropriate.
Dated: January 18, 2017

Respectfully submitted,
BANK OF AMERICA, N.A., successor to Merrill
Lynch Commercial Finance Corp.

By:

/s/ Michael W. Ott
J. Mark Fisher (Illinois Bar No. 3121711)
Michael W. Ott (Illinois Bar No. 6253511)
SCHIFF HARDIN LLP
233 S. Wacker Drive
Suite 6600
Chicago, Illinois 60606-6473
[phone] (phone)
[phone] (facsimile)
[e-mail]
[e-mail]
Its attorneys

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