No. 2--06--0549 Filed: 4-27-07
APPELLATE COURT OF ILLINOIS
LAWRENCE P. NEAL and DAWN ) Appeal from the Circuit Court
LUEBERS NEAL, ) of Lake County.
v. ) No. 02--L--907
OAK BROOK MANAGEMENT )
Defendant ) Honorable
) Margaret J. Mullen,
(Robert F. Smith, Defendant-Appellee). ) Judge, Presiding.
JUSTICE O'MALLEY delivered the opinion of the court:
Plaintiffs, Lawrence P. Neal and Dawn Luebers Neal, appeal from an order of the circuit
court of Lake County, granting the motion of Robert F. Smith to be dismissed as a defendant because
the relevant debt was discharged in bankruptcy. We hold that the trial court erred in ruling that the
debt was discharged, and we therefore reverse and remand.
Plaintiffs sued Oak Brook Management Corp. (OBMC) and Smith for common-law fraud,
consumer fraud, and breach of contract. They filed their complaint on November 8, 2002. On
March 12, 2003, the trial court entered an order staying the case against Smith because he had filed