Lakatamia Shipping Company Ltd v Su and others [2024] EWHC 1749 (Comm) illustrates how the Babanaft proviso typically included in a worldwide freezing order may serve to limit the liability of foreign third parties who...more
When a creditor obtains an Arizona judgment, the first task the Judgment Creditor usually completes is recording the Judgment with the appropriate Arizona County Recorder’s Office, being sure to include a Judgment Debtor...more
New York attorneys representing commercial lenders often find use for the confession of judgment. This unique tool enables creditors to obtain a monetary judgment against debtors by filing a previously executed affidavit,...more
What can you do to collect on a judgment, and when can you do it? And does it matter if you're going after the judgment debtor directly, or after the property of the judgment debtor in the hands of a third party? In a...more
When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the...more
Normally, a business entity is considered a legal person separate and apart from its individual owners. But when the entity is used by an owner to perpetrate a fraud, circumvent a statute, or accomplish some other wrongful...more
Industry News - Elon Musk Tells SpaceX Employees That Starship Engine Crisis Is Creating a ‘Risk of Bankruptcy'... Aeroméxico files Amended Plan of Reorganization...more
In Part I of this two-part series, we covered the basic procedure for attacking a negative net-worth affidavit filed to supersede a money judgment. This post offers a case study for successfully applying that procedure and...more
You’ve obtained a money judgment, and your client is anxious to get paid. The judgment debtor files a notice of appeal and an affidavit claiming it has a negative net worth. The judgment debtor argues it is entitled to...more
Got any old judgments you were hoping to collect? If so, you may want to take a hard look at pursuing collection in North Carolina. An August 3 ruling from the North Carolina Court of Appeals regarding out of state judgments...more
In North Carolina, many lawsuits result in the entry of a judgment that establishes one party's right to collect payment of a certain amount of money from another party. It may be easy to view the entry of judgment as the...more
A judgment creditor can record an abstract of judgment, a document that identifies the judgment debtor and the amount of the debt. The abstract usually does not identify specific property. As long as it properly...more
In Tomlinson v. Khoury, a judgment creditor discovered that the judgment debtor was the trustee and beneficiary of a spendthrift trust and brought a turnover action to invalidate the trust. No. 01-19-00183-CV, 2020 Tex. App....more
The Supreme Court of Virginia recently issued an opinion serving as a cautionary tale for judgment debtors appealing judgments against them while concurrently seeking to pass clear title on unrelated real estate sales. That...more
Nothing triggers nerdy excitement within the legal community quite like a freshly decided case that claims to address an issue “which appears to be a question of first impression.” This is the court’s way of proclaiming in...more
Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more
It has been a long journey analyzing Mr. Exotic’s legal woes. Who would have imagined that one person could face so many issues? In the series finale, Joe finds himself, like his tigers, locked in a cage after being found...more
A Fifth Circuit ruling that failed to enforce a roughly $123 million Moroccan judgment against haircare and liquor tycoon John Paul DeJoria harms trade relations between the U.S. and foreign nations. The authors, attorneys at...more
Q: A bank obtained a judgment against me, as a result of a failed business venture. While I have a house, there is no equity above my homestead exemption. I’ve little else, although the bank’s attorney has repeatedly accused...more
Looks like the United States Tennis Association (“UTA”) met its match, but this time not on its own court, but rather in another, the Appellate Division, Second Department. The court in Matter of Bravado Intl. Group...more
Wanke Industrial, Commercial, Residential, Inc. v. AV Builder Corp., 2020 Cal. App. LEXIS 134, involved a judgment creditor's attempt to enforce its judgment against its judgment debtor's debtor. On appeal, the debtor's...more
A new amendment in New York that restricts the use of judgments by confession will protect debtors and limit the ability of creditors to exploit a loophole. The change prohibits a creditor from filing a confession of...more
Foreclosure can often have tricky impacts on lease rights... See Eviction After Foreclosure: California Supreme Court Weighs In and When a Lender Forecloses on a Leasehold Interest…. An opinion recently published by...more
In Wheatley v. Farley, a trial court entered an order awarding relief to both parties, and both parties appealed. No. 08-18-00106-CV, 2019 Tex. App. LEXIS 4626 (Tex. App.—El Paso June 5, 2019, no pet. history)....more
If an adverse final judgment is rendered against your client, you likely will want to research the mechanics of posting a bond in order to prevent execution on the judgment while you appeal it. The Federal Rules of Civil...more