Sentences with phrase «as the judgment debtor»

The court approved a request to add Bluford's wife as a judgment debtor.

2 Sept. 25, 2014)(unpublished) is a real imbroglio involving bankruptcy adversary and state court proceedings in which vexatious litigant orders and fee recovery orders were entered, eventually with an attorney for a vexatious litigant being added as a judgment debtor for purposes of certain vexatious litigant sanctions rulings.

Not exact matches

He said in a statement at the time that: ``... I have this morning 4th November, 2016 filed an application at the Supreme Court for leave to examine the judgment debtor as the citizen public interest plaintiff in favour of whom the case was decided for the Republic of Ghana.»

If the DEBTOR fails to pay within 30 days of the date of judgment date (and files no appeal), the CREDITOR may request a SHERIFF»S EXECUTION from the COUNTY CLERK»S OFFICE giving the Sheriff's Department full authority to seize money or property as payment toward the Judgment.

Debtors who have no property that is vulnerable to creditors are known as judgment proof.

Often, debt settlement negotiation can help the debtor avoid bankruptcy as well as an unpleasant judgment.

Exemption laws have been enacted by every state as well as the federal government to protect the property of debtors against the claims of judgment creditors and, once a bankruptcy case is filed, the trustee.

A lien allows the creditor who has obtained a judgment against a debtor to have a judgment attached to the debtor's assets, such as real estate.

The right of a judgment debtor to accelerate payment of part or all of the death benefit or special surrender value under a life insurance policy, as authorized by paragraph one of subsection (a) of one thousand one hundred thirteen of the insurance law [* see below], or to enter into a viatical settlement pursuant to the provisions of article seventy - eight of the insurance law, is exempt from application to the satisfaction of a money judgment.

The debtor in this personal bankruptcy illustration wants to know what happens to a judgment where the creditor has attached the judgment as a lien on a homestead.

These exceptions could be broadly categorized as (1) debts owed to the government or subject to a court order, such as certain tax debts or child support obligations; and (2) debts incurred through some fault of the debtor, such as those arising from civil judgments for fraud or other injury.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

However, it remains to be seen how the Execution Court will treat the DIFC judgment if the judgment debtor raises an argument that the DIFC Court has been used as a conduit to enforce a foreign judgment in Dubai without having had to go through the Dubai Courts.

up private litigation where it promotes the use of legal machinery to oppress: as, for example, to so discord in a family; [Footnote 20] to expose infirmities in land titles, as by hunting up claims of adverse possession; [Footnote 21] to harass large companies through a multiplicity of small claims; [Footnote 22] or to oppress debtors as by seeking out unsatisfied judgments.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

application for garnishee orders requiring third parties, such as banks, who are indebted to the judgment debtor to pay the judgment creditor the amount of any debt due or accruing due to the judgment creditor in satisfaction of the judgment;

Served as lead counsel and obtained entry of judgment on the pleadings in favor of chapter 11 debtor in adversary proceeding involving claim to ownership of US$ 200 million tax refund monies.

A person seeking to enforce a foreign judgment in Myanmar must file a suit in Myanmar, as plaintiff, against the judgment - debtor, as defendant.

The party whom the judgment was awarded to shall be listed as the Judgment Creditor and the party whom the judgment was awarded against is the judgment debtor.

The law in this area is far from clear and there tends to be an element of something going beyond mere non-payment, such as effort to hide assets such as in Parent, however, the law does seem to have evolved to provide that a court may direct payment of funds — in contrast to simply directing a judgment — and if the creditor can establish the debtor was aware of the order, had the ability to comply and refused, it would appear that Rule 10.52 (3) will not prevent a Court from jailing the party in default.

I then had the idea of writing this paper to clarify his «wrongness», only to discover that, in fact, he may have been on the front line of a growing line of authority that has quietly been percolating under the radar, and which appears to be evolving into a resurgence of the concept of «debtor prison» as a tool for execution on civil judgments.

CPR 71.2 provides, so far as is material: «(1) A judgment creditor may apply for an order requiring --(a) a judgment debtor; or (b) if a judgment debtor is a company or other corporation, an officer of that body, to attend court to provide information about --(i) the judgment debtor's means; or (ii) any other matter about which information is needed to enforce a judgment or order.»

Those serving demands without the benefit of a judgment should also bear in mind that the courts have taken a dim view of creditors who use the process merely as a threat to the debtor with no intention of following the matter through to the bankruptcy stage.

32 In short, in the absence of some special circumstance, a judge should not vary or rescind an order for the payment of child support so as to reduce or eliminate arrears unless he or she is satisfied on a balance of probab - ilities that the former spouse or judgment debtor can not then pay, and will not at any time in the future be able to pay, the arrears.