News & Analysis as of

Money Judgment

Supreme Court Decides Murphy v. Smith, No. 16-1067

by Faegre Baker Daniels on

On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more

Supreme Court Decides Rubin v. Islamic Republic of Iran, No. 16-534

by Faegre Baker Daniels on

On June 19, 2107 the U.S. Supreme Court decided Rubin v. Islamic Republic of Iran, holding that the Foreign Sovereign Immunities Act allows some but not all of the property of a state sponsor of terrorism to be attached to...more

Can a Receiver Keep Fees If the Underlying Judgement is Reversed on Appeal?

by Ervin Cohen & Jessup LLP on

Question: I have been appointed receiver to collect a judgment. The judgment is on appeal. I am concerned that if the judgment is reversed my fees might be in jeopardy. Am I entitled to keep the fees I have been paid even if...more

Life After Death: Ohio Mortgage Creditors' Rights After a Borrower's Death

For a loan secured by real estate, a borrower typically signs a promissory note or a line of credit agreement, and a mortgage securing real property owned by the borrower. In Ohio, a creditor generally has multiple remedies...more

Judgment Creditors, Take Notice: A PRC Court Recognized a U.S. Civil Monetary Judgmentfor the First Time

by Kobre & Kim on

For the first time, a China (PRC) court has recognized a U.S. civil monetary judgment, signaling positive — but not surefire — momentum toward enhanced international judicial assistance for creditors from the PRC....more

Mareva injunctions - Update from the Divisional Court on the Chitel v. Rothbart guidelines

by Dentons on

The Divisional Court’s recent decision in SFC Litigation Trust (Trustee of) v. Chan represents a significant development in the law governing Mareva injunctions in Ontario. It clarifies that courts have wide discretion in...more

FTC Issues Order Against Debt Relief Company for Alleged Misrepresentations

by Goodwin on

On February 27, 2017, the Federal Trade Commission (FTC) entered into a stipulated order for permanent injunction and monetary judgment with defendants United Debt Counselors, LLC, a debt relief company, and its principals,...more

Debtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy

by Burr & Forman on

On November 21, 2016, in a case entitled In re Monson, the Eleventh Circuit Court of Appeals affirmed the Bankruptcy Court’s decision, which held that a debtor’s conduct constituted a willful and malicious injury to a...more

Seventh Circuit Sets Groundbreaking Precedent, Reverses FRSA Retaliation Judgment

On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and...more

How to enforce adjudication decisions and deal with insolvency

by Dentons on

Adjudications on the increase - Anecdotal evidence suggests that adjudications are still on the increase. This increase is supported by the statistics in the Adjudication Society's 15th report, which shows a 5 per cent...more

Back to basics: enforcing a judgment in Scotland

by DLA Piper on

The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment...more

SOPA takes a backseat: The role of cross-demands in setting aside statutory demands issued pursuant to judgments made in terms of...

by Dentons on

The High Court has ruled that a statutory demand based on a judgment pursuant to an adjudication determination made under the Building and Construction Industry Security of Payment Act (SOPA) can be set aside on the ground...more

War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names

In early August, the D.C. Circuit refused to allow victims of terror attacks to take control of the Internet domain names of Iran, North Korea, and Syria as a means of satisfying previous money judgments awarded to the...more

Illinois Appellate Court Determines Medical Expense “Write-offs” Do Not Qualify for Set-off

by Williams Venker & Sanders on

Harold Miller v. Sarah Bush Lincoln Health Center, et al., 2016 IL App (4th) 150728. Adding to the ever-changing debate regarding how medical expenses “written off” by health care providers are treated by Illinois...more

Mississippi Legislature Changes Supersedeas Bond Amounts . . . Maybe

A party that wins at trial and recovers a money judgment may seek to collect on the judgment immediately, unless the other party posts a supersedeas bond to stay execution of the judgment pending appeal. The Mississippi...more

FTC Settles Charges with Misleading Websites: Another Native Advertising Enforcement Action

by Dorsey & Whitney LLP on

Following on the heels of the FTC’s March 2016 settlement with Lord & Taylor concerning a deceptive native advertising campaign, the FTC just announced that it has reached a settlement with SmartClick Media LLC over its phony...more

Recognition and enforcement of a Mainland judgment in Hong Kong: First reported decision

by Dorsey & Whitney LLP on

Significance of the Decision - The Mainland Judgments (Reciprocal Enforcement) Ordinance (“Mainland Judgments Ordinance”) allows recognition and enforcement of Mainland money judgments in Hong Kong by way of...more

Part II: I Have a Judgment, Now What?: Collecting and Enforcing a Money Judgment Through a Sheriff’s Sale

You won your lawsuit, and now you want to be paid. But how do you get an unwilling defendant to cough up the cash? You have several options. Part I of this series discussed collecting a money judgment through the...more

DIFC Court confirmed as a ‘Conduit’ Jurisdiction for Enforcement

by Reed Smith on

Executive Summary - In the DIFC Court of Appeal’s recent decision DNB Bank ASA v. Gulf Eyadeh [CA-007-2015], the DIFC court has confirmed its availability as a so-called ‘conduit’ jurisdiction. Parties may opt to enforce...more

FirstMerit Bank, N.A. v. Diana L. Reese

by Weintraub Tobin on

Attorney Julie R. Woods wrote the following case alert for the State Bar of California Trusts and Estates Section regarding FirstMerit Bank, N.A. v. Diana L. Reese. Julie is on the committee for finding and disseminating new...more

Appeal Conditional On Payment Into Court Of GBP 3.64 Million Judgment

by Allen & Overy LLP on

In Goldtrail Travel Ltd v Aydin & ors [2015] EWCA Civ 926, 11 June 2015, the court granted conditional permission to appeal, ordering Turkish airline Onur Air Tasimacilik AS (Onur Air) to pay the judgment sum of GBP 3.64...more

Can A Receiver Be Appointed To Take Possession And Safeguard Transferred Property Pending Trial Of A Fraudulent Transfer Action?

by Ervin Cohen & Jessup LLP on

QUESTION: I know receivers often bring actions to set aside fraudulent transfers and recover the property transferred, but can a receiver be appointed in a fraudulent transfer lawsuit to take possession of and safeguard...more

Hague Convention on Choice of Court Agreements

On October 1, 2015, the Hague Convention on Choice of Court Agreements (the “Convention”) entered into force. The Convention binds Mexico and all members of the European Union, with the exception of Denmark. Even though...more

New York and English Courts Issue Similar Joint Memoranda on the Enforcement of Money Judgments with Dubai Courts

The March 23, 2015 Memorandum of Guidance issued jointly by the Dubai International Financial Centre Courts (DIFC Courts) and the U.S. District Court for the Southern District of New York (SDNY Court) follows the same pattern...more

FCA Matters: Department of Justice Touts Record Recoveries in False Claims Act Cases (2/15)

The U.S. Department of Justice collected a record $5.69 billion through settlements and judgments in False Claims Act cases during the fiscal year ending September 30, 2014, according to a recent announcement by DOJ...more

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