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Ch 7 State court Judgment issue
Once the default is set aside by the California Superior Court the foreign judgment creditor will ask the California State Court to extend Comity to the Courts of Lebanon by entering a California judgment pursuant to the Lebanon judgment. The Judgment Debtor's primary defense to California's exercise of Comity would normally involve a due process attack on the foreign proceeding and the foreign judgment. If the foreign judgment is a default judgment that was entered against a Defendant who wasn't served with process it can be successfully challenged in the California courts. If the foreign judgment was issued against a Defendant who was not subject to the foreign court's personal jurisdiction it can successfully be challenged in California. If the foreign judgment was issued against a Defendant who was denied notice and an opportunity to be heard and defend himself in the foreign proceeding the California Courts will not enforce the foreign judgment. A foreign judgment challenged as legally or factually erroneous will nevertheless be enforceable in California if fair procedures were followed by the foreign court. Harry Rebhuhn
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PC needs to file a ch 7. He has the typical mortgage and credit card debt.
He also has a large default judgment (1.5M) based on a foreign judgment
(Beirut Lebanon) for fraud, embezzlement etc. He asserts he had no notice
of the California proceeding for entry of judgment. A civil attorney
believes he can remove the default judgment but he is not sure how to fight
foreign judgment. PC is in this country on political asylum and we are not
sure if that is an issue. It has been suggested that he file a Ch 7, list
the default judgment as unsecured and let the complaining party file an
adversary proceeding if they object. Im not convinced that is a good way
to go.
Does anyone have any suggestions, besides punting?
Larry Webb
email Larry@Webbklaw.com
Law Office of Larry Webb
484 Mobil Ave. Suite 43
Camarillo California 93010
805 987 1400
Fax 805 987 2866
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PC needs to file a ch 7. He has the typical mortgage and
credit card debt. He also has a large default judgment (1.5M) based on a foreign
judgment (Beirut Lebanon) for fraud, embezzlement etc. He asserts he had no
notice of the California proceeding for entry of judgment. A civil attorney believes
he can remove the default judgment but he is not sure how to fight foreign judgment.
PC is in this country on political asylum and we are not sure if that is an
issue. It has been suggested that he file a Ch 7, list the default judgment
as unsecured and let the complaining party file an adversary proceeding if they
object. I’m not convinced that is a good way to go.
Does anyone have any suggestions, besides punting?
Larry Webb
email Larry@Webbklaw.com
Law Office of Larry Webb
484 Mobil Ave. Suite 43
Camarillo California 93010
805 987 1400
Fax 805 987 2866
WARNING And Tax disclaimer
This E-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C.
l
information and is intended only for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. It is for the use of the named addressees
and may not be disclosed to anyone else without the express consent of the
originator. If you have received it in error you must not use, disclose,copy,
or rely on its contents and should destroy it immediately. If you need any
further information, please contact the originator of this message.
IRS Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any
U.S. federal tax advice provided in this communication is not intended or
written to be used, and it cannot be used by the recipient or any other
taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on
the recipient or any other taxpayer, or (ii) in promoting, marketing or
recommending to another party a partnership or other entity, investment plan,
arrangement or other transaction addressed herein.
The post was migrated from Yahoo.