Sentences with phrase «judgment against the assets»

Specifically, if Mbank sued every unitholder to enforce the future payments, won, and filed involuntary petitions for bankruptcy against every single unitholder (after unsuccessfully attempting to levy the judgment against their assets) this would have been bad for the protagonist.

A risk of dissipation basically means that, if left unrestrained, a defendant is likely to either hide or transfer away his assets so that the applicant can not enforce a judgment against those assets.

The way now appears to be open to use the DIFC Court as a conduit court to enforce foreign court money judgments against assets in Dubai or elsewhere in the UAE.

A decision from the Wisconsin Supreme Court establishing the right of an unsecured creditor to have a sheriff seize and execute upon a court judgment against the assets of a debtor and forcing a judicial sale to find an equity in excess of the rights and value of an existing security interest held by a secured creditor in the subject assets.

Although a world - wide injunction against enforcement of the judgment issued by the same US court was struck down, it seems likely that the Ontario court will take into account the US court holding in deciding whether to enforce the judgment against the assets of Chevron Canada (see para 77).

Not exact matches

«The judgment against CFA and CSS will be partially satisfied via liquidation of their assets.»

Saraki's appeal filed through his lead counsel, Mr. Joseph Daudu (SAN), is challenging the majority judgment of the Court of Appeal in Abuja delivered on October 30, 2015, which affirmed the jurisdiction of the CCT to try him and the competence of the charges of false assets declaration preferred against him by the Federal Government.

There, a judgment will be levied against you and your assets.

With a judgment against you, your home, car, jewelry, bank account, and any other valuable assets may be up for grabs by creditors.

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.

A person is collection - proof if they have no assets against which a creditor may levy, no real estate to which a judgment lien may attach, and no non-exempt wages to garnish.

-- If a money judgment is entered against you but you can not pay and have no nonexempt assets, you may be uncollectible.

MIC sought to enforce this judgment debt against Naftogaz's assets in England by obtaining (i) a freezing order against Naftogaz in relation to its shares in a UK oil company; (ii) a default judgment against Naftogaz in the sum of such debt («English Default Judgment»); and (iii) a third party debt order requiring share dividends due to Naftogaz to be paid instead to MIC and also a charging order in favour of MIC in respect of such shares.

Usually, they have multiple debts or judgments against them, little or nothing in the way of assets, and they may file for bankruptcy to protect themselves from their malpracticed clients» lawsuits.

The sharing principle was established in the judgment of White v White, when Lord Nicholls stated that tentative views must be checked «against the yardstick of equality», but cautioned that introducing a 50 - 50 division of assets as a starting point would be «impermissible judicial gloss»; introducing a legal provision was a «matter for parliament».

This caused an undesirable barrier to those wishing to register a foreign judgment in the BVI against a foreign judgment debtor from a non-Part 72 country, who had assets in the BVI.

Any award made against an uninsured employer that is not paid in full within ten days will also result in a Supreme Court judgment being filed against the employer (including individual corporate officers), which may lead to seizure of assets of the employer.

Acting for a US company in long running proceedings to enforce a historic judgment against the Republic of Iraq's UK and European assets, involving sovereign immunity and sanctions;

In a nutshell: the relevant jurisprudence concerning the applicable standard of review of intelligence sources and analysis was developed by the General Court in a series of judgments concerning the freezing of assets of the People's Mojahedin Organization of Iran («PMOI») in connection with the EU's fight against terrorism.

Even if you went to court and got a default judgment against them for $ 92 plus court costs plus interest, it would cost an immense amount of time and money to identify assets from which you could collect and then use writs of execution and writs of garnishment to collect it.

Finally Chief Justice Hwang noted that «From the perspective of the DIFC Courts, it is not wrong to use the DIFC Courts as a conduit jurisdiction to enforce a foreign judgment and then use the reciprocal mechanisms to execute against assets in another jurisdiction.»

We were retained by Bentley Systems, Inc. in this commercial dispute from Madison County, Alabama, involving an asset purchase agreement where the trial court entered judgment against Bentley on its counterclaim for breach of contract.

If she manages that and you don't make a timely response, a default judgment would enter against you for $ 300 and court costs which she would be hard pressed to enforce against any assets you own.

«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.»

Typically, the tort victim agrees not to pursue the insured / tortfeasor's personal assets and to limit recovery to insurance proceeds and equitable garnishment claims against the insurance company after a judgment is entered.

«In light of the economically significant relationship between Chevron and Chevron Canada, and given that Chevron Canada maintains a non-transitory place of business in Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.»

If a foreign court enters a judgment against someone by default that judgment will probably be enforceable in the country where the judgment was entered (or in the case of the U.S. in the state where it was entered with easy domestication to another U.S. state) against assets in that country.

Unless the company either pays what it owes before the case (including your legal costs) or offers a convincing defence at trial, you will then have a judgment against it, which you can enforce against the company's assets or bank account.

If your client is the claimant in a cross-border dispute, how easy will it be to enforce a judgment / award against the defendant and against what assets?

Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations, representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States and testimony as an expert witness in a number of proceedings in Swedish, English, US, Japanese and other courts.

A judgment can be directly enforced against their assets there.

If a judgment is brought against the Partnership, then this personcould personally be held liable, and his or her personal assets seized to make up for the missing payments.

This dispute involved an Asset Purchase Agreement («APA»), wherein the defendants purchased from the plaintiffs a judgment they had obtained against a third party.

We examine the CJEU's judgment in two appeals by the Council of the EU against judgments of the GC annulling asset freezes on two Iranian companies.

For example, a judgment in rem against an asset outside of England and Wales can not be enforced for the reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicata).

A default judgment — which can be multimillions of dollars — allows the plaintiff to seek enforcement of that judgment against the financial and other assets of the foreign government held in the US.

Drivers purchase insurance to protect themselves against the threat of being involved in a car accident against an insured driver who is really without assets to satisfy and sort of judgment.

Furthermore, even if a judgment creditor is able to enforce a judgment against the State, there are restrictions on the type of assets available for enforcement.

Generally speaking, once a foreign judgment is recognised and enforced, the creditor may request a seizure order against all the assets of the debtor and the court will hold auctions to sell those assets to satisfy the debtor's rights in relation to monetary compensation.

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

If they are not, should Chevron Canada's corporate veil be pierced so that its shares and assets are available to satisfy the Ecuadorian judgment against its indirect parent, Chevron?

First, you need to know the physical identity of the payee — to serve them with the lawsuit and to enforce any judgment against their physical assets.

Justice Hainey stated, in his summary on the motion to amend, «Chevron Canada's shares and assets are not exigible and available for execution and seizure by the plaintiffs in satisfaction of the Ecuadorian judgment against Chevron Corporation.»

According to that Supreme Court opinion, when Haden failed to supersede the judgment against him and his business on Sacks» breach - of - contract claim, Sacks and the firm incurred considerable expense to secure a turnover order under Texas Civil Practice & Remedies Code § 31.002 (e), have a receiver appointed to prevent prejudgment transfer of Haden's assets and seek dismissal of Haden's bankruptcy filings.

Likewise, if the Court makes an equalization order or judgment directing payment, if there are no assets within Alberta to execute against, what is the next step for the creditor?

If this step had been taken this would almost certainly have prevented the transfers to the wives and children, and secured assets against which to enforce the judgment eventually obtained.

A dispute arose over a joint venture in which Mr Lukyanenko's companies held 49 % of a Cypriot company In relation to post-judgment freezing orders, just because a defendant has not paid a judgment does not mean a claimant has an automatic right to get a freezing order against that defendant's assets.

It is based upon the idea that «the seizure and sale of a state's assets to satisfy a judgment against it constitutes a particularly dramatic interference with its interests and could damage its ability to function properly» (see State Immunity: The United Nations Convention and its Effect, Joanne Foakes and Elizabeth Wilmhurst, Chatham House, May 2005).

If the only asset owned by the judgement debtor is the joint tenancy property, then registration of the judgment against the interest of the debtor will not... Read more

This was based on the contention that its worldwide freezing order and its judgments against Mr Ablyazov were located here and had been reduced in value by the alleged conduct in relation to assets in other jurisdictions.