M.L. Biggar

A judgment creditor brought a motion to appoint a receiver in aid of execution after the debtor transferred assets to his spouse and related corporation and made an assignment in bankruptcy.

The debtor sought to discharge a certificate of pending litigation registered against the matrimonial home to facilitate refinancing intended to satisfy the judgment.

The court held that the debtor’s conduct, including fraudulent conveyances and repeated attempts to hinder collection, created special circumstances rendering ordinary execution methods ineffective.

The appointment of a receiver was found just and convenient under the Rules of Civil Procedure.

The request to discharge the certificate of pending litigation was denied as premature pending agreement or determination of the full amount owed.

Following success on a summary judgment motion in a fraudulent conveyance action, the self-represented plaintiff sought costs for the litigation.

The court reviewed principles governing costs awards to self-represented litigants, noting that such parties are not compensated as though they retained counsel but may recover a reasonable allowance for proven loss of opportunity cost.

Evidence demonstrated that the plaintiff’s professional income declined due to time spent conducting the litigation.

Applying fairness and proportionality principles, the court awarded a reduced allowance for the plaintiff’s time plus supported disbursements.

The plaintiff brought a motion for summary judgment to void two transfers made by her former business partner to his wife and his wife's company.

The defendant had misappropriated funds from their ATM business and subsequently transferred his interest in the family residence and the business.

The court found that the transfers exhibited several badges of fraud and were made with the intent to defeat creditors, even though the plaintiff was not a creditor at the time of the first transfer.

The motion for summary judgment was granted and the transfers were declared void.