In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker & Theodore Lieblich, 125 F.3d 543 (7th Cir. 1997). · Go Syfert
In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker & Theodore Lieblich, 125 F.3d 543 (7th Cir. 1997). Cases Citing This Book View Copy Cite
“f any unsecured creditor could reach an asset of the debtor outside bankruptcy, the trustee can use 544(b) to obtain that asset for the estate.”
84 citation events (81 in the last 25 years) across 31 distinct courts.
Strongest positive: Citibank, N.A. v. Accurate Steel Installers, Inc. (ilnd, 2018-03-20)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Citibank, N.A. v. Accurate Steel Installers, Inc.
N.D. Ill. · 2018 · signal: accord · quote attribution · 1 verbatim quote · confidence high
gives notice to purchasers of the land that there may be superior interests.
discussed Cited as authority (quoted) Official Comm. of Unsecured Creditors of Great Lakes Quick Lube LP v. Theisen (2×) also: Cited "see"
Wis. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
f any unsecured creditor could reach an asset of the debtor outside bankruptcy, the trustee can use 544(b) to obtain that asset for the estate.
cited Cited as authority (rule) ACJK, Inc. v. OptumRX, Inc.
Bankr. S.D. Ill. · 2026 · confidence medium
Matter of Leonard, 125 F.3d 543, 544 (7th Cir. 1997).
cited Cited as authority (rule) ACJK, Inc. v. OptumRX, Inc.
Bankr. S.D. Ill. · 2026 · confidence medium
Matter of Leonard, 125 F.3d 543, 544 (7th Cir. 1997).
cited Cited as authority (rule) Inland Boat Club, LLC v. Lee
Bankr. D. Utah · 2024 · confidence medium
Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 946 F.3d 66, 83 (2nd Cir. 2019); In re Leonard, 125 F.3d 543, 544 (7th Cir. 1997); In re Berg, 376 B.R. 303, 311 (Bankr.
cited Cited as authority (rule) Farinash v. Kelley
Bankr. E.D. Tenn. · 2024 · confidence medium
Id. at *10 (In re Leonard, 125 F.3d 543, 544 (7th Cir. 1997); Image Worldwide, Ltd. v. Parkway Bank & Trust (In re Image Worldwide, Ltd.), 139 F.3d 574, 576 (7th Cir. 1998)).
discussed Cited as authority (rule) Scarver v. Zurich American Insurance Company
Bankr. N.D. Ga. · 2021 · confidence medium
Ga. 2003) 13 (“[T]he property rights and priorities of secured creditors outside of bankruptcy are preserved.”); In re Leonard, 125 F.3d 543, 544 (7th Cir. 1997) (recognizing that, if judgment creditors held a valid lien that exceeded the amount of the transferred property, “there is no point in the Trustee's pursuing the action, for there would be no net benefit to the other creditors”).3 “Under section 544 of the Bankruptcy Code, a trustee on the date of the petition enjoys the status of, or may avoid any transfer of property of the debtor that is avoidable by, a hypothetical judic…
discussed Cited as authority (rule) Bledsoe III, Trustee v. Flamingo Properties, LLC
Bankr. E.D.N.C. · 2021 · confidence medium
Id. “[I]f any unsecured creditor could reach an asset of the debtor outside bankruptcy, the Trustee can use § 544(b) to obtain that asset for the estate.” Id. (quoting In re Leonard, 125 F.3d 543, 544 (7th Cir. 1997)).
discussed Cited as authority (rule) Larry A. Pittman II, Not Individually, But Solely v. Great Western Bank (2×)
Bankr. D. Kan. · 2021 · confidence medium
Ill. 1998) (trustee must not plead by name existence of creditors under § 544(b)) citing Matter of Leonard, 125 F.3d 543, 544 (7th Cir. 1997); Askanase v. Fatjo, 1993 WL 208682 , at * 4 (S.D.
cited Cited as authority (rule) Nesse v. Harispe
Bankr. D. Md. · 2020 · confidence medium
June 12, 2007) (Mannes, J.) (citing In re Leonard, 125 F.3d 543, 544-45 (7th Cir. 1997)).
cited Cited as authority (rule) Reinbold v. Kohansieh (In re Sandburg Mall Realty Management LLC)
Bankr. C.D. Ill. · 2017 · confidence medium
Matter of Leonard, 125 F.3d 543, 544 (7th Cir. 1997); Sender v. Simon, 84 F.3d 1299, 1304 (10th Cir. 1996).
discussed Cited as authority (rule) Chatz v. Stepaniants (In re Fatoorehci)
Bankr. N.D. Ill. · 2016 · confidence medium
Fatoorehchi’s Schedule F identifies more than ten unsecured creditors, and the Seventh Circuit has indicated that a trustee need not identify the specific creditor who could set aside the transfers. “[A number of] unsecured claims have been filed; the Trustee can assume the position of any one of them.” In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
discussed Cited as authority (rule) Gordon v. Harrison (In re Alpha Protective Services, Inc.)
Bankr. M.D. Ga. · 2015 · confidence medium
As a result, “if any unsecured creditor could reach an asset of the debtor outside bankruptcy, the Trustee can use § 544(b) to obtain that asset for the estate.” In re Leonard,. 125 F.3d 543, 544 (7th Cir.1997). 525 B.R. 697, 708 (Bankr.N.D.Ill.2014).
discussed Cited as authority (rule) Lim ex rel. MP Liquidating Co. v. Miller Parking Co.
E.D. Mich. · 2015 · confidence medium
It is not necessary for the trustee to tie a particular asset to a specific creditor’s claim. “[I]f any unsecured creditor could reach an asset of the debtor outside bankruptcy, the Trustee can use § 544(b) to obtain that asset for the es tate.” In re Leonard, 125 F.3d 543, 544-45 (7th Cir.1997).
examined Cited as authority (rule) Ebner v. Kaiser ex rel. Kaiser Trust (In re Kaiser) (3×) also: Cited "see"
Bankr. N.D. Ill. · 2014 · confidence medium
As a result, “if any unsecured creditor could reach an asset of the debtor outside bankruptcy, the Trustee can use § 544(b) to obtain that asset for the estate.” In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
discussed Cited as authority (rule) Official Committee of Unsecured Creditors of SGK Ventures, LLC v. NewKey Group, LLC (In re SGK Ventures, LLC)
Bankr. N.D. Ill. · 2014 · confidence medium
In re Leonard, 125 F.3d 543, 545 (7th Cir.1997) (noting that the trustee was not required to identify "the specific creditor who could set aside [the transfer under Illinois law]”); In re Image Worldwide, 139 F.3d 574, 577 (7th Cir.1998) ("The trustee need not identify the creditor, so long as the unsecured creditor exists.”).
cited Cited as authority (rule) In re Meltzer
Bankr. N.D. Ill. · 2014 · confidence medium
In re Leonard, 125 F.3d 543, 545 (7th Cir.1997); Sobilo v. Manassa, 479 F.Supp.2d 805, 823-24 (N.D.Ill.2007) (stating that "a lis pendens notice does not give the filer a lien”). .
cited Cited as authority (rule) Field v. Trust Estate of Kepoikai (In re Maui Industrial Loan & Finance Co.)
Bankr. D. Haw. · 2012 · confidence medium
In re Appleseed’s Intermediate Holdings, LLC, 470 B.R. 289 (D.Del.2012); In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
cited Cited as authority (rule) In re Estate of Denten
Ill. App. Ct. · 2012 · confidence medium
The lis pendens just gives notice to purchasers of the land that there may be superior interests.” In re Leonard, 125 F.3d 543, 545 (7th Cir. 1997).
cited Cited as authority (rule) Equipment Acquisition Resources, Inc. v. United States (In Re Equipment Acquisition Resources, Inc.)
Bankr. N.D. Ill. · 2011 · confidence medium
Image *461 Worldwide, 139 F.3d at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
cited Cited as authority (rule) Grochocinski v. Schlossberg (In Re Eckert)
Bankr. N.D. Ill. · 2008 · confidence medium
Image Worldwide, 139 F.3d at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
cited Cited as authority (rule) Brown v. Phillips (In Re Phillips)
Bankr. N.D. Ill. · 2007 · confidence medium
Id. at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
cited Cited as authority (rule) In Re Berg
Bankr. D. Kan. · 2007 · confidence medium
In re Leonard, 125 F.3d 543, 544 (7th Cir. 1997). 11 .
cited Cited as authority (rule) Manning v. Wallace (In Re First Financial Associates, Inc.)
Bankr. N.D. Ind. · 2007 · confidence medium
As part of the estate, the asset is then divided among all the unsecured creditors ...” Matter of Leonard, 125 F.3d 543, 544 (7th Cir.1997).
discussed Cited as authority (rule) Seleman v. Manassa
N.D. Ill. · 2007 · confidence medium
While a *824 Us pendens notice does not give the filer a lien or act as an injunction preventing sale of the property, it “gives notice to purchasers of the land that there may be superior interests.” In re Leonard, 125 F.3d 543, 545 (7th Cir.1997).
cited Cited as authority (rule) Grochocinski v. Knippen (In Re Knippen)
Bankr. N.D. Ill. · 2006 · confidence medium
Id. at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
cited Cited as authority (rule) Krol v. Unglaub (In Re Unglaub)
Bankr. N.D. Ill. · 2005 · confidence medium
Id. at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
cited Cited as authority (rule) Grochocinski v. Zeigler (In Re Zeigler)
Bankr. N.D. Ill. · 2005 · confidence medium
Id. at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
cited Cited as authority (rule) In Re Myers
Bankr. N.D. Ind. · 2005 · confidence medium
Matter of Leonard, 125 F.3d 543, 544-45 (7th Cir.1997); In re Acequia, Inc., 34 F.3d at 809; In re Integrated Agri, Inc., 313 B.R. at 428 .
cited Cited as authority (rule) Kleven v. Stewart (Myers)
Bankr. N.D. Ind. · 2005 · confidence medium
Matter of Leonard, 125 F.3d 543, 544-45 (7th Cir.1997); In re Acequia, Inc., 34 F.3d at 809; In re Integrated Agri, Inc., 313 B.R. at 428 .
discussed Cited as authority (rule) Daly v. Richardson (In Re Carrozzella & Richardson)
Bankr. D. Conn. · 2003 · confidence medium
Therefore, given the temporal limitations of C.G.S. §§ 52-552e and 52-552f, the Trustee has no “standing” to bring this adversary proceeding unless the record reveals that there was at least one Actual Creditor whose claim arose prior to the Payments. 4 See, e.g., Matter of Leonard, 125 F.3d 543, 544-545 (7th Cir.1997); Sender v. Simon, 84 F.3d 1299, 1304 (10th Cir.1996).
discussed Cited as authority (rule) Dubis v. B.W. Supply (In Re Delta Group)
Bankr. E.D. Wis. · 2003 · confidence medium
Consequently, the dispositive issue is whether the state law avoidance power of Wis. Stat. § 128.07 may be reached by the bankruptcy trustee through § 544(b)(1) of *922 the Bankruptcy Code, which states in pertinent part: [T]he trustee may avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor that is voidable under applicable law by a creditor holding an unsecured claim that is allowable under § 502 of this title The Seventh Circuit Court of Appeals has summarized this section as follows: “In other words, if any unsecured creditor could reach…
cited Cited as authority (rule) Krol v. Wilcek (In Re H. King & Associates)
Bankr. N.D. Ill. · 2003 · confidence medium
Id. at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
discussed Cited as authority (rule) Marquette Bank Illinois v. Covey (In Re Classic Coach Interiors, Inc.)
Bankr. C.D. Ill. · 2002 · confidence medium
In re Cybergenics Corp., 226 F.3d 237, 243 (3rd Cir.2000); Matter of Leonard, 125 F.3d 543, 544 (7th Cir.1997) (rejecting creditors’ contention that they won the prepetition race to the courthouse by filing a fraudulent transfer suit and recording a lis pendens notice, and that they thereby acquired an equitable lien against the transferred property, holding that those creditors were general unsecured creditors entitled to share in the proceeds of the *640 avoided transfer ratably with, not ahead of, other unsecureds); In re Mortgageamerica Corp., 714 F.2d 1266, 1275-76 (5th Cir.1983).
cited Cited as authority (rule) Helms v. Roti (In Re Roti)
Bankr. N.D. Ill. · 2002 · confidence medium
Id. at 577 ; In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
discussed Cited as authority (rule) Daly v. Richardson (In re Richardson)
Bankr. D. Conn. · 2001 · confidence medium
Given the temporal limitations of Sections 52-552e and 52-552f, the Trustee has no “standing” to bring this adversary proceeding unless the record reveals that there was at least one Actual Creditor whose claim arose prior to the Transfer. 6 See, e.g., Matter of Leonard, 125 F.3d 543, 544-545 (7th Cir.1997); Sender v. Simon, 84 F.3d 1299, 1304 (10th Cir.1996).
discussed Cited as authority (rule) Pardo v. Avanti Corporate Health Systems, Inc. (In Re APF Co.)
Bankr. D. Del. · 2001 · confidence medium
Fisher v. MRM Group, Inc. (In re Multi-Risk Mgmt., Inc.), 1998 WL 566044 , at *2 (Bankr.N.D.Ill.1998) (trustee must not plead by name existence of creditors under § 544(b)) citing Matter of Leonard, 125 F.3d 543, 544 (7th Cir.1997); Askanase v. Fatjo, 1993 WL 208682 , at * 4 (S.D.Tex.1993) (“Although the trustee at trial must establish the existence of an allowed claim that could have been avoided, the complaint need not outline all the elements of a § 544(b) claim”).
discussed Cited as authority (rule) Tomsic v. Pitocchelli (In Re Tri-Star Technologies Co.)
Bankr. D. Mass. · 2001 · confidence medium
M.D.Fla.1990) (same) with Leibowitz v. Parkway Bank & Trust Co. (In re Image Worldwide Ltd.), 139 F.3d 574, 577 (7th Cir.1998), citing to In re Leonard, 125 F.3d 543, 544 (7th Cir.1997) (the trustee need not identify a specific creditor who could set aside the transfer so long as the unsecured creditor exists).
cited Cited as authority (rule) Daley v. Chang (In Re Joy Recovery Technology Corp.)
Bankr. N.D. Ill. · 2001 · confidence medium
“The Trustee can assume the position of any of them.” See In the Matter of Leonard, 125 F.3d 543, 544 (7th Cir.1997).
discussed Cited as authority (rule) Giffin v. Edwards
Ind. Ct. App. · 1999 · confidence medium
See Butner v. United States, 440 U.S. 48, 54-55 , 99 S.Ct. 914 , 59 L.Ed.2d 136 (1979); Meyer v. United States, 375 U.S. 233, 238 , 84 S.Ct. 318 , 11 L.Ed.2d 293 (1963); In re Leonard, 125 F.3d 543, 545 (7th Cir.1997).
cited Cited "see" Reid v. Wolf (In re Wolf)
Bankr. N.D. Ill. · 2018 · signal: see · confidence high
See Matter of Leonard , 125 F.3d 543 , 544 (7th Cir. 1997).
cited Cited "see" Barkley v. West (West)
Bankr. N.D. Miss. · 2012 · signal: see · confidence high
See In re Leonard, 125 F.3d 543, 545 (7th Cir.1997).
cited Cited "see" Kipperman v. Onex Corp.
N.D. Ga. · 2009 · signal: see · confidence high
See In re Leonard, 125 F.3d 543, 544 (7th Cir.1997) (explaining that the court need not identify which creditor because trustee could step into shoes of any one).
cited Cited "see" Luedtke v. Commerce Bank N.A. (In Re Luedtke)
Bankr. C.D. Ill. · 2008 · signal: see · confidence high
See In re Leonard, 125 F.3d 543, 545 (7th Cir. 1997).
cited Cited "see" Airadigm Comm Inc v. FCC
7th Cir. · 2008 · signal: see · confidence high
See In re Leonard, 125 F.3d 543, 545 (7th Cir. 1997).
cited Cited "see" Airadigm Communications, Inc. v. Federal Communications Commission
7th Cir. · 2008 · signal: see · confidence high
See In re Leonard, 125 F.3d 543, 545 (7th Cir.1997).
cited Cited "see" In Re Image Worldwide, Ltd., Debtor. David P. Leibowitz, Chapter 7 Trustee v. Parkway Bank & Trust Co.
7th Cir. · 1998 · signal: see · confidence high
See In re Leonard, 125 F.3d 543, 544 (7th Cir.1997).
discussed Cited "see, e.g." 45 John Lofts, LLC v. Meridian Capital Grp. LLC (In re 45 John Lofts, LLC)
Bankr. S.D.N.Y. · 2019 · signal: see also · confidence low
N.H. 2008) (considering the existence of qualifying creditors on a motion for summary judgment); see also In re Leonard , 125 F.3d 543 , 544 (7th Cir. 1997) ( [Appellants] complain that the Trustee has not articulated the specific creditor who could set aside [the] gift, but a trustee need not do so.
discussed Cited "see, e.g." Barber v. Westbay (In Re Integrated Agri, Inc.)
Bankr. C.D. Ill. · 2004 · signal: see also · confidence low
See, also, Matter of Leonard, 125 F.3d 543 (7th Cir.1997) (creditor who filed a prepetition UFTA suit against defendant who then filed Chapter 7, which suit was removed to bankruptcy court by the Chapter 7 trustee, had no continuing rights or interest in the suit and could not obtain stay relief or compel abandonment).
Retrieving the full opinion text from the archive…
In the Matter Of: Lewis C. LEONARD Debtor. Appeal Of: Robert BARKER and Theodore Lieblich
96-3970.
Court of Appeals for the Seventh Circuit.
Sep 29, 1997.
125 F.3d 543
C.D. Kasson, Burditt & Radzius, Chicago, IL, for Robert Barker., C.D. Kasson, Alan I. Becker (argued), Burditt & Radzius, Chicago, IL, for Theodore Lieblich., James E. Stevens, Jason H. Rock (argued), Barrick, Switzer, Long, Balsley & Van Evera, Rockford, IL, for Trustee-Appellee.
Posner, Easterbrook, Evans.
Cited by 59 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Court of Appeals of Wisconsin (1)
EASTERBROOK, Circuit Judge.

Real estate developer Lewis Leonard does not like fulfilling his obligations, and he goes to more trouble than most to avoid them. He broke a contract with Robert Barker and Theodore Lieblich, leading a jury to award them more than $600,000 in damages. Before the jury could return its verdict, however, Leonard (who presumably knew what was coming) gave his son, Zach, the two vacant lots he owned adjoining his home in Oak Brook, Illinois. These parcels are worth approximately $300,000. About a week after Leonard informed Barker and Lieblich of his gift to Zach, they sued father and son to avoid the conveyance. They also recorded a lis pendens on the property in the appropriate office. Leonard then filed for relief under Chapter 7 of the Bankruptcy Code. After the Trustee removed the fraudulent-conveyance action to the bankruptcy court, Barker and Lieblich asked the bankruptcy judge to lift the automatic stay and order the Trustee to abandon the property (the fraudulent-conveyance suit is “property of the estate”). Barker and Lieblich argued that, because they initiated the suit to set aside the conveyance and filed a lis pendens, they had a security interest in the land. Because the property is worth less than their judgment, if Barker and Lieblich are indeed secured creditors, there is no point in the Trustee’s pursuing the action, for there would be no net benefit to the other creditors. The judge refused the request, however, concluding that Barker and Lieblich do not have a security interest. Retrieving the land from Zach thus would produce assets to be distributed among all creditors. The district judge affirmed. We have jurisdiction under 28 U.S.C. § 158(d) even though the fraudulent-conveyance action remains on the court’s docket. See In re James Wilson Associates, 965 F.2d 160, 165-66 (7th Cir.1992); In re Official Committee of Unsecured Creditors of White Farm Equipment Co., 943 F.2d 752, 754-55 (7th Cir.1991).

Section 544(b) of the Bankruptcy Code of 1978 gives the Trustee the power to “avoid any transfer of an interest of the debtor in property ... that is voidable under applicable law by [an unsecured creditor]”. 11 U.S.C. § 544(b). In other words, if any unsecured creditor could reach an asset of the debtor outside bankruptcy, the Trustee can use § 544(b) to obtain that asset for the estate. As part of the estate, that asset is then divided among all the unsecured creditors, not just the creditor who could have reached the asset outside bankruptcy. Barker and Lieblich complain that the Trustee has not articulated the specific creditor who could set aside Zach’s gift, but a trustee need not do so. Thirteen unsecured claims have been filed; the Trustee can assume the position of any one of them. Unless the claims of Barker and Lieblich are secured, any unsecured creditor may pursue a fraudulent-conveyance action under Illinois law. Even if he cannot point to creditors whose claims total[*545] more than the value of the land, the Trustee can avoid the transaction entirely. Moore v. Bay, 284 U.S. 4, 52 S.Ct. 3, 76 L.Ed. 133 (1931). The whole value of the asset then is distributed among creditors of the estate. 11 U.S.C. § 551. The wisdom of this approach has been questioned, see Douglas G. Baird, The Elements of Bankruptcy 104 (2d ed.1993); Thomas H. Jackson, The Logic and Limits of Bankruptcy Law 79-83 (1986), but this entrenched rule is the source of the dilution that Barker and Lieblich want to escape.

Barker and Lieblich are secured creditors if they have a lien on Zach’s land, 11 U.S.C. § 506(a), which depends on state law. Butner v. United States, 440 U.S. 48, 54-55, 99 S.Ct. 914, 917-18, 59 L.Ed.2d 136 (1979). Under Illinois law, when the judgment against Leonard became final, Barker and Lieblich could have obtained a lien on all of Leonard’s real property by filing a copy of the judgment with the appropriate county office. See 735 ILCS 5/12-101. But by then Leonard had transferred the parcels to Zaeh, and a potential fraudulent-conveyance action to recover the land is not itself real property of the sort covered by § 5/12-101. De Martini v. De Martini, 385 Ill. 128, 133, 52 N.E.2d 138, 140 (1943); Hallorn v. Trum, 125 Ill. 247, 252, 17 N.E. 823, 824 (1888). Barker and Lieblich say, however, that they obtained an “equitable lien” on the lots by filing suit under the Uniform Fraudulent Transfer Act, 740 ILCS 160/1-12. Actually, they vacillate between arguing that the lien is created by filing the fraudulent-conveyance action and by filing the lis pendens. But the Illinois lis pendens statute does not give the filer a lien, see 735 ILCS 5/2-1901, for filing requires neither the title holder’s consent nor judicial intervention. The lis pendens just gives notice to purchasers of the land that there may be superior interests. Cf. Connecticut v. Doehr, 501 U.S. 1, 29, 111 S.Ct. 2105, 2122, 115 L.Ed.2d 1 (1991) (“The lis pendens itself creates no additional right in the property on the part of the plaintiff, but simply allows third parties to know that a lawsuit is pending”) (Rehnquist, C.J., concurring). So Barker and Lieblich can prevail only if Illinois gives them a security interest in the land just because they were the first creditors to discover the transfer to Zaeh and act on that knowledge by filing suit. Whether such a “race” rule would induce creditors to invest wastefully in attempting to be the first to discover fraudulently conveyed assets, which a trustee is likely to turn up anyway, is not for us to decide; we need only ascertain whether Illinois has this rule.

Barker and Lieblich cite several cases in which a judgment creditor who filed suit to set aside a fraudulent conveyance achieved priority over a judgment creditor who obtained (and filed) .his judgment first but filed his fraudulent-conveyance suit second. Union National Bank of Chicago v. Lane, 177 Ill. 171, 52 N.E. 361 (1898); Rappleye v. International Bank, 93 Ill. 396 (1879); Snow v. Hogan, 312 Ill.App. 636, 38 N.E.2d 934 (2d Dist.1942). These cases are old, and the lack of recent opinions is not a sign that the rule is so ingrained that the subject is no longer worth contesting. In each of these eases the judgment creditor filed a “creditor’s bill.” The creditor’s bill asks a court of equity to force the debtor to transfer intangible property to the judgment creditor or sell it to satisfy the judgment. See Garrard Glen, Fraudulent Conveyances and Preferences § 26 at 51-52 (1940). (Intangible property only, because tangible property could be seized by the sheriff pursuant to a writ of execution.) As an equitable remedy, a creditor’s bill was available to the judgment creditor only if he had exhausted his legal remedies. Hart v. Oliver, 296 Ill. 209, 129 N.E. 833 (1921); Gore v. Kramer, 117 Ill. 176, 183, 7 N.E. 504, 507 (1886); Schaeffer v. Zaltsman, 29 Ill.App.3d 1011, 331 N.E.2d 212 (1st Dist.1975). Filing a creditor’s bill gave a creditor priority over other unsecured creditors, Fraudulent Conveyances at § 28, called an “equitable lien” in Illinois. See, e.g., Union National Bank, 177 Ill. at 174, 52 N.E. at 362; Hallorn, 125 Ill. at 253, 17 N.E. at 824; Bank of Lyons v. Schultz, 22 Ill.App.3d 410, 415, 318 N.E.2d 52, 56 (1st Dist.1974). The hen arising from a creditor’s bill was respected in bankruptcy, even if the proceeding had yet to produce a final judgment in favor of the filing creditor — at least under the Bankruptcy Act of 1898. Straton v. New, 283 U.S. 318, 51 S.Ct.[*546] 465, 75 L.Ed. 1060 (1931); Metcalf v. Barker, 187 U.S. 165, 23 S.Ct. 67, 47 L.Ed. 122 (1902). Barker and Lieblieh have not cited either of these Supreme Court cases, either because they think the cases are not persuasive under the 1978 Code — unlikely, for both cases are still cited, see, e.g. Landau v. Vallen, 895 F.2d 888, 894 (2d Cir.1990) (citing Straton); In re Wind Power Systems, Inc., 841 F.2d 288, 291 (9th Cir.1988) (citing Metcalf) — or because they realize the fatal flaw in relying on them: Barker and Lieblieh did not file a creditor’s bill. Indeed, they could not have done so, for in 1982 Illinois abolished the creditor’s bill. P.A. 82-280. See also 110 Ill.Rev.Stat. ¶ 399 (1981) (repealed); 22 Ill.Rev.Stat. ¶ 49 (1973) (repealed).

Barker and Lieblieh play down the difference between a creditor’s bill and their suit under the UFTA. They insist that the equitable lien cases are part of the common law of Illinois, which still supplements the UFTA, 740 ILCS 160/11, and observe that the Trustee could not find an Illinois case overruling Rappleye and its successors. For their part, Barker and Lieblieh could not find a ease discussing an equitable hen arising from filing an UFTA suit, and our search did not reveal one. Section 8(a) of the Act suggests why. It allows a creditor seeking to set aside a fraudulent conveyance to procure:

(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by the Code of Civil Procedure;
(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure,
(A) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(B) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.

740 ILCS 160/8(a). This section, combined with § 9-301(3) of the UCC, 810 ILCS 5/9-301(3) (“A ‘lien creditor’ means a creditor who has acquired a lien on the property involved by attachment, levy or the like”), sets up a straightforward way for a judgment creditor to obtain priority in bankruptcy. Barker and Lieblieh did not use any of these remedies. Instead they want us to follow the old eases finding equitable liens from the mere filing of a suit. Using the approach of the prior law now that it has been displaced by the ufta and the ucc would be a bad idea, and we are confident that Illinois would not follow such a path. Why would Illinois courts hold that filing the ufta action alone creates a hen, when the Act explicitly provides a method for the filer to attach property and obtain a hen? Recall that a creditor’s bill was an equitable remedy, available only after the creditor had exhausted all legal remedies. Barker and Liebheh did not use, and therefore did not exhaust, the statutory remedies available to them.

Barker and Liebheh have not used the devices now available in Illinois to create hens. They are therefore unsecured creditors, and the judgment is affirmed.