This column discusses recent decisions of the U.S. District Court for the Northern District of New York. Today, it profiles a decision by Chief District Judge Glenn T. Suddaby addressing when creditors can gain control over interests in a limited liability company and two decisions issued by District Judge Mae A. D’Agostino, one explaining the duration of permanent injunctions and the other discussing ripeness in declaratory judgment actions.
Judgment Enforcement, LLC
As many litigators know, getting a judgment is only half the battle, enforcing it is the other. In American Honda Finance Corporation v. Route 57 Development, LLC, Chief Judge Suddaby addressed the challenging issue of whether judgments can be enforced against a judgment debtor’s interests in limited liability companies.1 There, Honda had obtained personal judgments against Philip Simao for over $3 million. When Simao failed to pay the judgments, Honda sought to recover from Simao’s other assets. It turned out that Simao had direct and indirect interests in dozens of limited liability companies that owned real estate and car dealerships that earned revenue and sometimes paid distributions to Simao or to companies he controlled.
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