AEB Merger, LLC v. Azari

Plaintiff filed a lawsuit against a limited liability corporation after the LLC was administratively dissolved by the Illinois Secretary of State seeking an outstanding debt owed to the plaintiff by the former LLC. The circuit court entered judgment against two members and managers of the LLC that had issued personal guarantees on the loans and years after the judgment was entered the plaintiff revived the judgment. Defendants then moved to quash service on the original action, the trial court granted the motion to quash, and plaintiff appealed. The appellate court reversed and remanded, explaining that an administratively dissolved LLC’s registered agent continues in that role during the LLC’s wind up period and that since the circuit court did not make a determination as to whether service occurred during the wind up period it reversed the summary judgment order and remanded for further proceedings. (LAMPKIN, concurring and REYES, specially concurring)