Do you guys see any problems with pursuing the non debtor?
Posted: Tue Mar 10, 2015 9:17 pm
The basic fact pattern is in a state court action filed by P, the two
defendants D1 and D2 filed counterclaims. Naturally, they were hit with an
anti-SLAPP motion and lost. The Court awarded P attorney fees which became
final.
P obtained a writ of execution against both defendants but before P could
execute D1 filed for bankruptcy. Then D1 filed a notice of removal to bring
the whole lawsuit into federal bankruptcy court.
Does the removal of the underlying litigation have any effects on the final
judgment for attorney fees? i.e. does P now need to proceed with
collections under federal law or may P continue execution under state law
(against the non filing codebtor).
My instincts tell me that they may proceed against the nonfiling codebtor
to their heart's content and that removal does not affect the final
judgment in any way. Does anyone have a different opinion and/or case on
the topic?
Thank you in advance.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
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transaction or matter addressed herein.
The basic fact pattern is in a state court action filed by P, the two defendants D1 and D2 filed counterclaims. Naturally, they were hit with an anti-SLAPP motion and lost. The Court awarded P attorney fees which became final.P obtained a writ of execution against both defendants but before P could execute D1 filed for bankruptcy. Then D1 filed a notice of removal to bring the whole lawsuit into federal bankruptcy court.Does the removal of the underlying litigation have any effects on the final judgment for attorney fees? i.e. does P now need to proceed with collections under federal law or may P continue execution under state law (against the non filing codebtor).My instincts tell me that they may proceed against the nonfiling codebtor to their heart's content and that removal does not affect the final judgment in any way. Does anyone have a different opinion and/or case on the topic?Thank you in advance.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.