Gabriel Aizenberg : Courses and Seminars
Post-Judgment Proceedings and Asset Recovery
A plaintiff client's ultimate goal in bringing a lawsuit is to actually recover any money judgment that is awarded to the client. If you as the client's lawyer cannot collect -- that is, if you cannot actually get the money, the judgment is of virtually no use to the client. This seminar will explore the procedural and practical steps that a plaintiff can and should take to collect and execute on a judgment, including review and analysis of among other subjects: (a) pre-judgment discovery regarding assets; (b) pre-judgment approaches to freezing assets; (c) finality of judgments for purposes of collection and execution; (d) post-judgment proceedings under federal and state law; (e) collections from third parties that hold assets of the judgment debtor; and (f) overcoming asset protection vehicles such as offshore trusts and companies. Approximately fifty percent (50%) of the final grade will depend upon a seminar paper grade on a topic related to the issues covered in class. Approximately fifty percent (50%) of the final grade will depend upon class participation and 1-2 smaller assignments.