American Contractors Indemnity Company v. Greenwood Management Partners, LLC et al

Filing 43

MOTION by Plaintiff American Contractors Indemnity Company for judgment to be revived (Novak, Philip)

Case: 1:13-cv-00467 Document #: 43 Filed: 07/16/20 Page 1 of 3 PageID #:273

IN THE UNITED STATES DISTRICT COURT OF ILLINOIS
FOR THE NORTHERN DISTRICT
EASTERN DIVISION
AMERICAN CONTRACTORS INDEMNITY
COMPANY

)
)
)
Plaintiff,
)
v.
)
)
GREENWOOD MANAGEMENT PARTNERS, LLC, )
TYLA GREENWOOD RUCKS, AND TODD RUCKS )
)
Defendants.
)

Case No. 13-cv-467

PLAINTIFF AMERICAN CONTRACTOR’S INDEMNITY COMPANY’S
PETITION TO REVIVE JUDGMENT
Plaintiff, American Contractors Indemnity Company, by and through its attorneys, Elizer
Law Group, LLC, hereby files this Petition to Revive Judgment pursuant to Rule 69 of the
Federal Rules of Civil Procedure, together with 735 ILCS 5/2-1602 and 735 ILCS 5/13-218 of
the Illinois Code of Civil Procedure, and states as follows:
1.

On or about January 21, 2013, American Contractors Indemnity Company filed

its Complaint against Defendants, Todd Rucks and Tyla Greenwood Rucks, each an individual,
and Greenwood Management Partners, LLC.
2.

On or about April 3, 2013, default judgment was entered in favor of American

Contractors Indemnity Company and against each of the Defendants for $76,715.52 (Docket No.
12).
3.

Under Federal Rule of Civil Procedure 69, post judgment supplemental

proceedings to and in aid of judgment or execution shall be in accordance with the practice and
procedure of the state in which the district court is held. F.R.C.P. 69; TDK Electronics
Corporation v. Draiman, 321 F.3d 677 (7th Cir. 2003). In Illinois, a judgment may be revived in
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Case: 1:13-cv-00467 Document #: 43 Filed: 07/16/20 Page 2 of 3 PageID #:274

the seventh year after its entry, or in the seventh year after its last revival, or in the twentieth year
after its entry, or at any other time within 20 years after its entry if the judgment becomes
dormant. 735 ILCS 5/2-1602(a).
4.

There is now due, after consideration of certain credits, the sum of $73,471.23

together with accrued interest of $48,376.72 through July 16, 2020.
5.

American Contractors Indemnity Company requests that the April 3, 2013

judgment be revived in the total principal amount of $73,471.23.
6.

American Contractors Indemnity Company seeks to revive its judgment against

Defendant, Greenwood Management Partners, LLC.
7.

Defendants, Todd Rucks and Tyla Greenwood Rucks were discharged in

bankruptcy on April 15, 2014; American Contractors Indemnity Company restricts its request to
revive the judgment against Todd Rucks and Tyla Greenwood Rucks for the purpose of
enforcing unavoided liens against the judgment debtors in rem, as permitted by 11 USC §524,
and not for the purpose of enforcement of any claim against the debtors in personam.
8.

Notice of this Petition will be provided to Defendants Todd Rucks, Tyla

Greenwood Rucks and Greenwood Management Partners, LLC, in accordance with Illinois
Supreme Court Rule 106, with proof of service to be provided by American Contractors
Indemnity Company at the hearing of this matter.
9.

American Contractors Indemnity Company was unable to serve and present this

motion in March of 2020 due to the Covid-19 Pandemic and the associated General Orders
entered for the Northern District of Illinois. Requested is made that any relief shall be applied
retroactively to April 2, 2020, nunc pro tunc.

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Case: 1:13-cv-00467 Document #: 43 Filed: 07/16/20 Page 3 of 3 PageID #:275

WHEREFORE Plaintiff, American Contractors Indemnity Company requests this Court
grant its Petition to Revive Judgment, revive the April 3, 2013 Judgment, in the principal amount
of $73,471.23 against the Defendant, Greenwood Management Partners, LLC generally, and
against Todd Rucks and Tyla Greenwood Rucks for the purpose of enforcing unavoided liens,
against the judgment debtors in rem, as permitted by 11 USC §524, and not for the purpose of
enforcement of any enforcing any claim against the debtors in personam, and for further relief as
this Honorable Court deems just and equitable under the circumstances.
Respectfully submitted,
American Contractors Indemnity Company

By: /s/ Philip M. Novak
One of the Attorneys for the Plaintiff
Elizer Law Group, LLC
5836 Lincoln Avenue, Suite 200
Morton Grove, Illinois 60053
[phone]
Email: [e-mail]

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