eBook details
- Title: Bressner v. Ambroziak
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 13, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Over twenty years ago, Kermit J. Bressner sold his business to Dennis Ambroziak for cash and a note for $342,000 for the balance due. Under Ambroziaks ownership the business failed, and Ambroziak never paid Bressner any money on the note. When Ambroziak filed for bankruptcy, the debt was not discharged. All of Bressners attempts to collect have failed. Ambroziak claims he has no assets and has had no income for many years, but Ambroziaks wife owns a successful business that Bressner claims Ambroziak manages and from which he derives many benefits. Bressner sued Ambroziak, his wife, and the business in federal court. He now appeals from a series of decisions of the district court dismissing his claim against the defendants for violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961 et seq. ("RICO"), as well as claims under Illinois law for civil conspiracy and violation of the Illinois Uniform Fraudulent Transfer Act, 740 ILCS 160/1 et seq. ("UFTA"). The district court also rejected Bressners request that a constructive trust be imposed upon the assets of two of the defendants, Shirlee and Dennis Ambroziak. Finally, Bressner also appeals the decision of the district court to deny his motion to file a third amended complaint. We affirm.