Republic of Argentina v. Weltover, Inc.
504 U.S. 607 (1992) Cited 660 times 7 Legal AnalysesHolding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA
Epperson v. Entertainment Express, Inc.
242 F.3d 100 (2d Cir. 2001) Cited 148 timesHolding that a district court maintains subject-matter jurisdiction where a plaintiff claims that the original defendant made fraudulent conveyances to "alter ego" owners in order to avoid judgment
Letelier v. Republic of Chile
748 F.2d 790 (2d Cir. 1984) Cited 135 timesHolding that even if Chile and its national airline were considered alter egos, circumstances did not come within any FSIA exception to execution immunity so as to permit attachment of airline assets in United States
Aurelius Capital v. Rep. of Argentina
584 F.3d 120 (2d Cir. 2009) Cited 51 timesHolding that assets were not subject to execution under the FSIA because the assets at issue were not "used for a commercial activity," as required by the Act
Bank of N.Y. Mellon v. Bell
No. 3:11-cv-1255 (JAM) (D. Conn. Dec. 18, 2014) Cited 7 timesNo. 3:11-cv-1255 (JAM) 12-18-2014 BANK OF NEW YORK MELLON, as Trustee for BS ALT A 2005-9, Plaintiff, v. SONJA BELL and JOHNATHAN BELL, Defendants. Jeffrey Alker Meyer United States District Judge FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff is a bank that seeks foreclosure on the home of defendants Sonja and Johnathan Bell. The Court conducted a five-day bench trial in this matter from September 22 to September 26, 2014. For reasons set forth below, I conclude that plaintiff has proven all
Samuels v. Samuels
99 A.D.2d 986 (N.Y. App. Div. 1984) Cited 3 timesMarch 15, 1984 Order entered June 6, 1983 in Supreme Court, New York County (Hortense Gabel, J.), unanimously reversed, on the law, and plaintiff's motions for an order pursuant to CPLR 5225 (subd [a]) are granted, with costs. ¶ Under four judgments not at issue here, plaintiff is owed about one million dollars by defendant. In an attempt to find assets to levy upon, plaintiff secured a court-ordered examination of the judgment debtor, during which defendant admitted ownership and possession of a
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 54,664 times 149 Legal AnalysesGranting relief from the operation of a judgment
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 4,062 times 6 Legal AnalysesAdopting state law for procedures to execute judgments and obtain relevant discovery
Section 1603 - Definitions
28 U.S.C. § 1603 Cited 1,369 times 7 Legal AnalysesRecognizing that a state "includes [its] political subdivision"
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. C.P.L.R. § 5225 Cited 849 times 1 Legal AnalysesAuthorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
Section 1610 - Exceptions to the immunity from attachment or execution
28 U.S.C. § 1610 Cited 454 times 15 Legal AnalysesAbrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”
Section 5230 - Executions
N.Y. C.P.L.R. § 5230 Cited 72 times(a) Form. An execution shall specify the date that the judgment or order was entered, the court in which it was entered, the amount of the judgment or order, the applicable interest rate and the date as of which the new interest rate applies if the interest rate for consumer debt pursuant to section five thousand four of this chapter applies and the amount due thereon and it shall specify the names of the parties in whose favor and against whom the judgment or order was entered. If the applicable