Money Judgments Research Articles

Successor Liability in Bankruptcy: Some Unifying Themes of Intertemporal Creditor Priorities Created by Running Covenants, Products Liability, and Toxic-Waste Cleanup

The state creates property, and (consistent with due process of law) the state takes it away. This article will focus upon a type of property destruction-foreclosure-that is integrally related to creditor priorities both in and out of bankruptcy. Foreclosure theory is understudied and underdeveloped. It is neglected particularly when unusual forms of property are involved, many types of which have only recently been invented. This article will concern itself specifically with the foreclosure of what I will call servitudes-personal obligations that are imposed upon the owners of encumbered items simply by virtue of their being in possession of these items.' Servitudes are not mortgages or liens. The encumbered items are not necessarily collateral for debts of their owners. Rather, servitudes are strictly personal obligations that may be enforced as such against servitude-debtors only by the usual means of injunction or execution of money judgments. The servient property merely signals whom the plaintiff may sue to enforce a contractual or tort duty. This article will discuss three kinds of servitudes. First, it will consider the contractually created servitude on land. Second, it will consider the recently created products-liability servitude that may impose on owners of factories

The Recognition of Foreign Country Money Judgments by American Courts

The Recognition of Foreign Country Money Judgments by American Courts

The Recognition in Sweden of Money Judgments in Civil and Commercial Matters

The Recognition in Sweden of Money Judgments in Civil and Commercial Matters

Mandel v. Myers: Judicial Encroachment on Legislative Spending Powers

In Mandel v. Myers,' the California Supreme Court considered the power of courts to compel satisfaction of money judgments rendered against the state when the state refuses to pay them. A money judgment under state law against the state traditionally has been held merely to liquidate the litigant's claim, while satisfaction of the judgment has been left to the legislature. The Mandel majority decided that the legislature's refusal to satisfy Mandel's court-awarded attorney fees amounted to an unconstitutional re-adjudication of the judicial decision to award those fees, and was therefore an encroachment on judicial power. The court held that a fund appropriated for operating expenses and equipment for the state agency that Mandel sued, though not legislatively intended to pay the attorney fees, could by virtue of the budget's broad language be applied to the claim by judicial writ of mandate.

Enforcement of Money Judgments in Early American History

Enforcement of Money Judgments in Early American History

French Courts Recognize Foreign Money-Judgments: One down and More to Go

Journal Article French Courts Recognize Foreign Money Judgments: One Down and More to Go Get access Kurt H. Nadelmann Kurt H. Nadelmann *Member, Board of Editors Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 13, Issue 1, Winter 1964, Pages 72–80, https://doi.org/10.2307/838345 Published: 01 January 1964

Bankruptcy: Summary Jurisdiction: Filing Proof of Claim as Basis for Money Judgment on a Counterclaim in Favor of the Trustee

Bankruptcy: Summary Jurisdiction: Filing Proof of Claim as Basis for Money Judgment on a Counterclaim in Favor of the Trustee

Hamburg Model Act Respecting the Recognition of Foreign (Money) Judgments

Hamburg Model Act Respecting the Recognition of Foreign (Money) Judgments

Recognition of Foreign Money Judgments in France

Recognition of Foreign Money Judgments in France

Parties: Whether Action for Money Judgment by Holder of Unsecured Bonds Constitutes "Class" Suit Binding on All Owners of That Series Who Did Not Appear

Parties: Whether Action for Money Judgment by Holder of Unsecured Bonds Constitutes "Class" Suit Binding on All Owners of That Series Who Did Not Appear

Collection of Money Judgments: Experimentation with Supplementary Proceedings

Collection of Money Judgments: Experimentation with Supplementary Proceedings

Collection of Money Judgments in New York: Third Party Orders

Collection of Money Judgments in New York: Third Party Orders

Equity: Rescission of Contract Induced by Fraud: Money Judgment as an Alternative to Specific Restitution

Equity: Rescission of Contract Induced by Fraud: Money Judgment as an Alternative to Specific Restitution

Collection of Money Judgments in New York: Supplementary Proceedings

Collection of Money Judgments in New York: Supplementary Proceedings

Mortgages. Foreclosure. Waste Impairing the Security. Money Judgment in Foreclosure Decreee against Stranger to Mortgage

Mortgages. Foreclosure. Waste Impairing the Security. Money Judgment in Foreclosure Decreee against Stranger to Mortgage

Mortgages. Priorities. Purchase Money Mortgage and Judgment Lien

Mortgages. Priorities. Purchase Money Mortgage and Judgment Lien