Legal Opinion
Mitchell v. LYONS PROFESSIONAL SERVICES, INC.
District Court, E.D. New York
Decided July 29, 2010No. 09 Civ. 1587(BMC)PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
COGAN, District Judge.
The question raised is whether, under Fed.R.Civ.P. 69(a), a judgment creditor is required to commence a separate proceeding against an alleged fraudulent transferee or successor to the judgment debtor based upon a state law provision that would require a separate proceeding, or whether the same relief can be obtained by motion in the original federal action. I hold that Federal Rule of Civil Procedure 69(a) does not require strict adherence to state procedural law, and that the judgment creditor may seek the relief provided under state law…
2Cases cited13 opinions
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Resolution Trust Corporation, as Receiver for Peoples Savings and Loan Associations, F.A. v. Angelo Ruggiero and Gina RuggieroCourt of Appeals for the Seventh Circuit · 1993
- Thomas, Head & Greisen Employees Trust v. BusterCourt of Appeals for the Ninth Circuit · 1996
- Richard Beauvais v. Allegiance Securities, Inc., Irwin Frankel and Frank Grillo, Richard Beauvais v. Securities Settlement CorporationCourt of Appeals for the Second Circuit · 1991
- Anderson v. TuckerDistrict Court, D. Connecticut · 1975
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- CSX Transportation, Inc. v. Island Rail Terminal, Inc.Court of Appeals for the Second Circuit · 2018
- American Federated Title Corp. v. GFI Management Services, Inc.District Court, S.D. New York · 2014
- Mitchell v. Lyons Professional Services, Inc.District Court, E.D. New York · 2015
- LaBarbera v. Audax Construction Corp.District Court, E.D. New York · 2013
- Northern Mariana Islands v. MillardDistrict Court, S.D. New York · 2012
15 more not listed; retrieve them via the Exa API.