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ILLINOIS OFFICIAL REPORTS
Appellate Court

Puritan Finance Corp. v. Bechstein Construction Corp., 2012 IL App (1st) 112261

Appellate Court Caption

PURITAN FINANCE CORPORATION, Plaintiff-Appellee, v. BECHSTEIN CONSTRUCTION CORPORATION, DefendantAppellant.

District & No.

First District, First Division Docket No. 1-11-2261 June 4, 2012 In an action to collect a debt assigned to plaintiff in a bankruptcy proceeding, defendant was not entitled to set off an unrelated debt the assignor of the debt at issue owed defendant, notwithstanding the fact that defendant had performed services for the assignor prior to the assignor's assignment of its accounts receivable to plaintiff, since no cause of action had accrued in favor of defendant and against the assignor, and for purposes of the language of section 9-404(a)(2) of the Uniform Commercial Code that allows a debtor to assert a setoff against an assigned debt, a claim does not accrue until a cause of action has accrued. Appeal from the Circuit Court of Cook County, No. 09-M1-113989; the Hon. Pamela E. Hill Veal, Judge, presiding

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Affirmed.

Counsel on Appeal

Griffith & Jacobson, LLC, of Chicago (James E. Mahoney, of counsel), for appellant. Fred R. Harbecke, of Chicago, for appellee.

Panel

PRESIDING JUSTICE HOFFMAN delivered the judgment of the court, with opinion. Justices Hall and Karnezis concurred in the judgment and opinion.

OPINION

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Illinois Law