Podcast Summary
Giuliani's assets seizure: A federal court in New York has ordered Rudy Giuliani to turn over assets worth over $148M due to a defamation judgment against him in DC court, related to false claims about election workers in Georgia.
Rudy Giuliani, a former New York City mayor and attorney, now faces a new legal battle in the Southern District of New York federal court. He is being ordered to turn over various assets, including properties, vehicles, and luxury watches, to Ruby Freeman and Shay Moss, two election workers from Fulton County, Georgia. The order comes after a $148 million defamation judgment against Giuliani in a District of Columbia court over allegations he made against Freeman and Moss during the 2020 election. Despite being exonerated by investigations, they faced harassment and threats. Now, Giuliani must comply with the order or risk further legal consequences.
Giuliani bankruptcy evasion: Rudy Giuliani attempted to use bankruptcy to evade a $160M judgment but was dismissed due to bad faith filing, leaving him unprotected from creditors prioritized in debt repayment
Rudy Giuliani, in an attempt to evade a $160 million judgment against him for contempt of court, filed for bankruptcy. However, the bankruptcy court judge, recognizing the bad faith filing, dismissed the case, leaving Giuliani with no protection from his creditors, including Ruby Freeman and Shay Moss, who have priority in the hierarchy of debt repayment. This unfolded due to Giuliani's repeated disregard for court orders, culminating in a default judgment against him. Despite his efforts to use bankruptcy to shield his assets, Giuliani ultimately faced the consequences of his actions.
Giuliani's assets seizure: Under New York law, a judgment creditor can seek a turnover order to collect debts, even seizing real estate, vehicles, and personal property from debtors like Rudy Giuliani who owe significant judgments and have tax liens, failing which, they can take further legal action.
Under New York law, a judgment creditor has a high priority to collect debts, second only to the government. In the case of Rudy Giuliani, who reportedly owes a significant judgment and also has tax liens, the judgment creditor could seek a turnover order, which would require Giuliani to surrender all assets up to the value of the judgment. This includes real estate, vehicles, and other personal property. If the debtor fails to comply with the turnover order, the creditor can seek further legal action. Notably, Ruby Freeman and Shay Moss, who were at the center of election controversy, may potentially receive $2 million from the Trump campaign to satisfy a debt owed by Giuliani.
Legal and Health Insights: Giuliani faces legal issues due to his disregard for court orders, while Lumen offers a breath analysis tool for personalized metabolic health and nutrition guidance.
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Receiver appointment for debt collection: When a court orders payment or asset turnover and the debtor refuses, a receiver can be appointed to seize and sell assets to satisfy the debt, including real estate and garnishing income.
When a court issues a judgment against an individual or entity, and they refuse to comply with the order to pay or turn over assets, the court can appoint a receiver. A receiver is an independent entity, often a person or law firm, who has the power to seize and sell assets to satisfy the debt. In this case, Ruby Freeman and Shane Moss are seeking a receiver to collect assets worth approximately $11 million from Rudy Giuliani, including real estate properties and legal fees, as part of a $148 million defamation judgment. If Giuliani continues to refuse compliance, the receiver can also garnish his income to collect the remaining debt. A new suit regarding this defamation judgment started in bankruptcy court.
Giuliani's bankruptcy case: A third judge, Lewis Lyman, has been assigned to enforce a judgment against Giuliani in a New York bankruptcy case, and opponents are requesting asset turnover and a receiver if he fails to comply within seven days.
Rudy Giuliani's actions led a case to bankruptcy court in New York, and now a third judge, Lewis Lyman, has been assigned to enforce a judgment against Giuliani. The case is in federal court due to diversity jurisdiction, with parties from different states and an amount in controversy exceeding $75,000. Giuliani's opponents are asking Judge Lyman to act as if he were a New York state judge and grant two orders: turnover of assets and appointment of a receiver if Giuliani fails to comply within seven days. The opposing side will file an opposition, and a hearing will be held, possibly with testimony and document review. Ultimately, based on my experience in creditors' rights work, I believe Judge Lyman will issue an order enforcing the judgment.
Giuliani's assets seizure: Judge may seize Giuliani's Mercedes, condo, and apartment to pay off his debts, allowing Ruby Freeman and Shay Moss to sue Trump and the campaign for the recovered funds
Rudy Giuliani, who has been ordered to pay significant legal fees, no longer has the ability to manage his bankruptcy proceedings. The judge may soon issue a turnover order, requiring Giuliani to hand over assets to cover these debts. Among the assets to be seized are a Mercedes, a condo in Palm Beach County, and an apartment on the Upper East Side of New York. Remarkably, the plaintiffs, Ruby Freeman and Shay Moss, are now able to sue Donald Trump and the Trump campaign to recover the $2 million owed to Giuliani. This represents a significant turn of events, as they had previously decided against suing Trump due to his presidential status. Now, Trump and the campaign will have limited defenses against the lawsuit.
Legal case involving Rudy Giuliani: A judge may issue a turnover order and appoint a receiver in the ongoing legal case involving Rudy Giuliani, which intersects law and politics and is covered in-depth by the Legal AF podcast
Michael Pope, host of the Legal AF podcast, will be closely following the ongoing legal case involving Rudy Giuliani in New York, where a judge may issue a turnover order and appoint a receiver. This case, which intersects law and politics, is a prime example of the type of content Legal AF provides. The podcast curates and discusses the top legal stories at this intersection in an hour-long podcast format, available on various audio platforms. For more exclusive content and to support the show, listeners can join the Patreon community at patreon.com. Legal AF goes beyond headlines to deliver in-depth legal concepts and analysis.