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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 (312) 258-5500 (phone) (312) 258-5700 (facsimile) Its attorneys -4-

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