Following a jury verdict awarding damages for defamation, the judgment creditor examined the debtor in aid of execution and brought a motion to compel answers to refusals and undertakings concerning the debtor’s financial affairs.
Many questions sought information relating to the bank accounts and financial affairs of the debtor’s companion, a non‑party.
The court held that absent evidence of fraudulent conveyance or authority over the non‑party’s accounts, it would be inappropriate to compel production of her financial information.
However, the debtor was required to disclose information directly within his knowledge or control, including particulars of transfers of funds, credit card information in his name, client identities relevant to potential income, and details of his travel.
The motion was granted in part and dismissed in part, with compliance required within sixty days.
