Recent Carlson Dash Results
Carlson Dash and our clients work closely together and commit to investing in one another resulting in lucrative results. We, as a firm, have seen several of these successful outcomes in the most recent quarter and would like to share them with you.
Carlson Dash often obtains settlements, judgments and other recoveries for our clients. One of our most recent cases resulted in our client being awarded an arbitration judgment in which the insurance carrier was ordered to pay our client’s full claim.
Obtaining a judgment is not the end of a matter. In one case, shortly after the judgment was entered the debtors filed an appeal. The appeal was dismissed, reinstated, and once again dismissed. However, before we could complete the commercial foreclosure sale and collection of the multi-million dollar, commercial judgment, the debtors filed bankruptcy. After several unsuccessful hearings to lift the stay on the judicial sale Carlson Dash stepped back and tried a different direction with a newly filed adversary. That change in course paid off when the U.S. Bankruptcy Court of Northern Illinois granted confirmation of the commercial foreclosure sale allowing our client to take possession and remove the debtors within 60 days. This was a hard-fought victory.
You Paid How Much?!
Following two years of litigation (including a receivership) our client was granted a judgment of foreclosure and sale on a commercial property in Woodstock, IL. The property was auctioned and sold to our client as the highest and only bidder. The trial court confirmed the sale without any objection or response filed by defendants. However, thirty days thereafter the defendants filed a motion to vacate the sale arguing, among other things, that the sale price was improper because the price was so inadequate. After hearing evidence and testimony, the trial court denied the defendants’ motion to vacate the sale ruling that defendants had not met their burden. The ruling was affirmed by the appellate court which found it was not against the manifest weight of the evidence or an abuse of discretion for the trial court to find that defendants had not proven that the sale price was unconscionable.
A business owed our client a tremendous amount of money and decided to file a Chapter 11 bankruptcy in an effort to avoid liability. The company sought to use our client’s money and other collateral in the bankruptcy, but Carlson Dash prevailed in defeating the company’s motion to use cash collateral as it was clear that the business’ financials painted a bleak reorganization picture. This allowed our client to continue to pursue its legal rights.