News & Analysis as of

Judgment Debtors

White & Case LLP

Lakatamia Shipping: off the hook? High Court finds no third-party breach of a freezing injunction

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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

Jaburg Wilk

If I forget to Record My Affidavit of Renewal, Will I Lose My Priority Spot?

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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

Emmet, Marvin & Martin LLP

Confessions of Judgment: Practices in New York, Pennsylvania, and Ohio

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

Ward and Smith, P.A.

When Can You Freeze and Seize a Judgment Debtor’s Bank Account?

Ward and Smith, P.A. on

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

Downey Brand LLP

Judgments Should Name Fiduciaries in Their Representative Capacities

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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

Patton Sullivan Brodehl LLP

Alter Ego, Equity, and Reverse Veil Piercing for LLCs

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

Arnall Golden Gregory LLP

Restructuring Roundup - November 2021

Industry News - Elon Musk Tells SpaceX Employees That Starship Engine Crisis Is Creating a ‘Risk of Bankruptcy'... Aeroméxico files Amended Plan of Reorganization...more

Butler Snow LLP

How to Attack a Negative Net Worth Affidavit, Part II: A Case Study

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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

Butler Snow LLP

How to Attack a Negative Net-Worth Affidavit, Part I: The Procedure

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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

Parker Poe Adams & Bernstein LLP

North Carolina: A Great Place To Pursue Old Judgments From Other States

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

Ward and Smith, P.A.

Collecting Judgment in North Carolina

Ward and Smith, P.A. on

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

Patton Sullivan Brodehl LLP

Purchaser Has No “Notice” from an Erroneous Abstract of Judgment

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

Winstead PC

Court Reverses Turnover Order That Disregarded A Trust Where The Trustee Was Not A Party To The Proceeding

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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

Woods Rogers

Be Wary of Real Estate Closings When Appealing Judgments

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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

Patton Sullivan Brodehl LLP

Court Boldly Goes Where No Court Has Gone Before While Navigating the Nuances of Attorney’s Fees and the Alter Ego Doctrine

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

McGlinchey Stafford

Am I a party entitled to enforce a promissory note?

McGlinchey Stafford on

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

Bond Schoeneck & King PLLC

A Legal Analysis of Tiger King, Episode 7: "Caged Beasts"

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

Miles & Stockbridge P.C.

INSIGHT: Fifth Circuit ‘Home Cooking’ Ruling Harms Future U.S. Trade Partners

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

Ervin Cohen & Jessup LLP

Can A Receiver Legally Divert Mail?

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

Farrell Fritz, P.C.

No Home Court Advantage for US Tennis Association: Court Finds Violation of Restraining Notice

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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

Allen Matkins

Corporate Suspension No Bar To Creditor's Suit

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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

Harris Beach PLLC

Judgment by Confession: New York State Quashes Loophole Harming Out-of-State Debtors

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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

Patton Sullivan Brodehl LLP

Foreclosure Against a Commercial Landlord: Impact on Lease Rights

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

Winstead PC

Estate Representative May Not Need To Post A Bond To Supersede A Judgment in Texas

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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

Butler Snow LLP

Sayonara Supersedeas? December 2018 Updates to the Bond Requirements in the Federal Rules of Civil Procedure

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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

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