Updating and collecting bankruptcy court judgments (fee orders) [1 Attachment]
Posted: Wed Apr 09, 2014 5:53 pm
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I agree it is a better practice to call it a judgment, but my recollection is that (at least in the Code of Civil Procedure) a writ of execution can be issued on an "order for the payment of money", which allows for enforcement of sanctions orders even before judgment in a civii case.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Apr 9, 2014, at 5:38 PM, Gary R. Wallace wrote:
> Speaking from the civil side of collection, I agree, especially since collection will be subject to California statutes, and they are replete with the term "judgment" as a prerequisite. For example, I could very easily see a cautious clerk balking at issuing an ORAP or abstract for lien recording on an "order," but not as to a "judgment."
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 4551 Glencoe Avenue, Suite 300
> Marina del Rey, CA 90292
> Email: garyrwallace@ymail.com
> Office: (310) 775-8719
>
> To: "cdcbaa@yahoogroups.com"
> Sent: Wednesday, April 9, 2014 2:45 PM
> Subject: RE: [cdcbaa] Re: Updating and collecting bankruptcy court judgments (fee orders)
>
> Correct. See FRCP 54 (FRBP 7054) and FRBP 9014(c).
>
>
> David A. Tilem
> Law Offices of David A. Tilem
> 206 N. Jackson St., #201
> Glendale, CA 91206
> Tel: 818-507-6000 * Fax: 818-507-6800
> www.TilemLaw.com
>
>
>
jhayes@hayesbklaw.com
> Sent: Wednesday, April 09, 2014 2:35 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Re: Updating and collecting bankruptcy court judgments (fee orders)
>
>
> Actually Dennis knows more about this than I. In Olympic, the fees were vigorously contested and I expected appeals and further do-do. So I specifically asked Judge Donovan if I could put "judgment" in the order and he said sure. I don't believe the word judgment changes the right to collect the way we did but hopefully Dennis and or Dave Tilem will chime in. Jon >
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I agree it is a better practice to call it a judgment, but my recollection is that (at least in the Code of Civil Procedure) a writ of execution can be issued on an "order for the payment of money", which allows for enforcement of sanctions orders even before judgment in a civii case.Jason
Jason Wallach
The post was migrated from Yahoo.