Breaking Down Borders: Finding Assets to Satisfy Judgments in a Post-Koehler World скачать в хорошем качестве

Breaking Down Borders: Finding Assets to Satisfy Judgments in a Post-Koehler World

By: Dave Rugani, Dan Skinner, Dave Scott, and Kate Seal Summary: This project will focus on the case of Koehler v. Bank of Bermuda, Ltd. in which a NY court used personal jurisdiction over an international bank's local NY subsidiary to order assets owned by a judgment debtor but held by the garnishee-bank into New York in order to satisfy an outstanding judgment. This landmark decision substantially broadened a judgment creditor's ability to petition a court to compel the turnover of assets held in foreign jurisdictions. Our group will examine the underlying statutory justifications for the court's decision as well as supplementary New York cases that later attempted to address issues left lingering after the Koehler decision. Finally, we will examine how a judgment creditor in Koehler's position would fare under North Carolina law.