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Judgments

What is judgment enforcement?

When a party is successful in a civil lawsuit, the court may award that party a judgment which states that the losing side owes the successful party a sum of money. Judgment enforcement is the legal process under which the winning party attempts to satisfy the...

Enforcing Judgments Via Restraining Notices

One of the most powerful tools in a judgment creditor's arsenal is the restraining notice. A restraining notice requires the party served to freeze any assets in its possession that belong or are owed to the debtor, and can be extremely effective when served to the...

Four Types of Constructive Fraud Claims

Several sections of New York's Debtor and Creditor Law ("DCL"), which govern similar but distinct claims of constructive fraud, provide redress to creditors for various scenarios in which debtors conceal, move, or unlawfully distribute assets which could otherwise be...

Has Fraud Been Committed, Inadvertently?

Companies or individual debtors can commit fraud inadvertently, all while doing business (or living life) as usual. This is known as "constructive fraud," a type of voidable transaction whereby a debtor's transfer of assets is considered fraudulent to a creditor even...

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