Citibank, N.A. v. Interface Protein Technology Inc. et al

Filing 46

MOTION by Plaintiff Citibank, N.A. for judgment - Joint Motion for Entry of Judgment in Favor of Plaintiff Citibank, N.A. and Against Defendants Charles Xiao Qing Han and Mindy Mingxia Liu (Attachments: # 1 Exhibit A - Proposed Consent Judgment)(Kelly, Cheryl)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CITIBANK, N.A., a national banking association,
Plaintiff,
Case No. 1 : i 7-cv-00207
vs.

INTERFACE PROTEIN TECHNOLOGY INC., an
Illinois corporation,
and

CHARLES XIAO QING HAN (also known as
CHARLES X. HAN, CHARLES HAN, CHARLES
XIAO-QING HAN, CHARLES XIAOQING HAN,
XIAO QING CHARLES HAN, XIAOQING HAN,
XIAO-QING HAN andHAN XIAOQING), an
individual,
and

MINDY MINGXIA LIU (also known as MINDY M.
LIU, MINGXIA MINDY LIU, MINGXIA LIU, and
MING-XIA LIU), an individual,
Defendants.

CONSENT JUDGMENT
This matter comes before the Court by consent of the parties to this Case.

The Court being ftilly advised in the premises FINDS that
i.

At a status conference held in this Case on July 5, 20 1 7, counsel to Defendants

proposed entry ofa consentjudgment against Defendants as the means ofresolving this Case.
2.

On July 16, 2017 (the "Petition Date"), Defendants Charles Xiao Qing Han

("Han" or "Charles Han") and Mindy Mingxia Liu ("Liu" or "Mindy Liu") filed a voluntary

petition for relief under Chapter 7 of Title i i of the United States Code (the "Bankruptcy

Code"), in the United States Bankruptcy Court for the Northern District of Illinois (Chicago) (the

"Bankruptcy Court"), commencing a case designated as In re Charles Xiaoqing Han and Mindy
Mingxia Liu, Case No. 17-21154 (the "Bankruptcy Case")
3.

Following a status hearing held before this Court on August 9, 2017, this Court

entered a Consent Judgment dated August 9, 20 1 7, in favor of Plaintiff and against Defendant
Interface Protein Technology Inc., an Illinois corporation, on Count I of the Complaint filed by
Plaintiff to commence this Case.
4.

Following entry of the Consent Judgment against Defendant Interface Protein

Technology, Inc., the Court continued this Case for status hearing to enable the Bankruptcy Case
to develop further, and in particular, to enable a "Section 341" Meeting ofCreditors to transpire..
5.

On October 20, 2017, the Bankruptcy Case was dismissed for "unreasonable

6.

In consideration of the foregoing, the parties are agreeing to entry of this Order

delay".

and Judgment in this Case in favor of Plaintiff and against each of Defendants CHARLES

XIAO QING HAN (also known as CHARLES X. HAN, CHARLES HAN, CHARLES

XIAO-QING HAN, CHARLES XIAOQING HAN, XIAO QING CHARLES HAN,
XIAOQING HAN, XIAO-QING HAN and HAN XIAOQING) and MINDY MINGXIA LIU

(a/k/a MINDY M. LIU, MINGXIA MINDY LIU, MINGXIA LIU, AND MING-XIA LIU),
jointly and severally, on the terms set forth below.

ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
THAT judgment is entered against Defendants CHARLES XIAO QING HAN (also known as

CHARLES X. HAN, CHARLES HAN, CHARLES XIAO-QING HAN, CHARLES
XIAOQING HAN, XIAO QING CHARLES HAN, XIAOQING HAN, XIAO-QING HAN

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and HAN XIAOQING) and MINDY MINGXIA LIU (a/k/a MINDY M. LIU, MINGXIA
MINDY LIU, MINGXIA LIU, AND MING-XIA LIU), jointly and severally, as follows:
i.

Judgment is entered on Count II of the Complaint in favor of Citibank, N.A. and

against CHARLES XIAO QING HAN (a/k/a CHARLES X. HAN, CHARLES HAN,
CHARLES XIAO-QING HAN, CHARLES XIAOQING HAN, XIAO QING CHARLES
HAN, XIAOQING HAN, XIAO-QING HAN AND HAN XIAOQING) for $1,605,676.65

(consisting of unpaid principal due pursuant to the Loan Documents as described in the
Complaint ($1,499,260.76), plus interest accrued thereon through November

1,

2017

($73,415.89), plus reasonable attorneys' fees and costs ($33,000.00) through November 1, 2017).

From and after November 1, 2017, interest shall accrue on the sum of $1,605,676.65 at the
applicable federal statutory rate.
2.

Judgment is entered on Count III of the Complaint in favor of Citibank, N.A. and

against MINDY MINGXIA LIU (A/K/A MINDY M. LIU, MINGXIA MINDY LIU,
MINGXIA LIU, AND MING-XIA LIU) for $1,605,676.65 (consisting of unpaid principal due

pursuant to the Loan Documents as described in the Complaint ($ 1 ,499,260.76), plus interest

accrued thereon through November 1, 2017 ($73,415.89), plus reasonable attorneys' fees and
costs ($33,000.00) through November 1, 2017). From and after November 1, 2017, interest shall
accrue on the sum of $ 1 ,605,676.65 at the applicable federal statutory rate.
3.

Each of Defendants Charles Han and Mindy Liu understands such party's rights

to appeal this order and judgment pursuant to applicable law. To induce Plaintiff to agree to this
Consent Judgment, each of Defendants Charles Han and Mindy Liu understands and agrees that

each such Defendant is waiving such party's rights to appeal. This is a final order and judgment

as regards the obligations evidenced by the Loan Documents described in the Complaint and

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there is no just reason for delaying the enforcement of this Consent Judgment as against each of
Defendants Charles Han and Mindy Liu.

Date: _______,2017

Entered:

District Judge
Consented to and prepared by:

On behalf of Plaintiff, Citibank, N.A.

Seen and agreed to:

On behalf of Defendant Interface Protein
Technology, Inc.

By: /s/CherylA. Kelly
Todd A. Rowden (ARDC #6201929)
Cheryl A. Kelly (ARDC #6203 101)
Audrey D. Mense (ARDC #6302524)
Thompson Coburn LLP
55 E. Monroe Street
Chicago, IL 60603
Ph: 312-346-7500
[e-mail]

cke1lythompsoncoburn.com
[e-mail]

By: /s/Michael C. Whitticar
Michael C. Whitticar
NOVA IP Law, PLLC
7001 Heritage Village Plaza, Suite 205.
Gainesville, VA 20155
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail];

novaiplawgmai1.com