September 2006

Debtor/Creditor NewsMag
A publication of the Debtor/Creditor Rights Committee of the Business Law Section of the State Bar of Michigan
Michigan State Decisions
Decisions of the Appellate Courts
of the State of Michigan

Judgment Against Garnishee for False Disclosure

Plaintiff filed three writs of garnishment on the garnishee defendant then moved for summary disposition arguing the garnishee defendant filed "patently false" disclosures and requested a judgment against the garnishee defendant for the full amount of the underlying judgment. The trial court treated the garnishments as complaints and the disclosures as answers. The trial court granted plaintiff's motion for summary judgment awarding plaintiff the amount of the false statements in the three garnishment disclosures.  Lyons v Jim Moceri & Son, Inc, 2006 WL 657133 (No. 254575) (Mich App, March 16, 2006). (unpublished).

When is Debtor a Necessary Party in Fraudulent Conveyance Action

In deciding whether transferor is a necessary party to an action to set aside fraudulent conveyance under the UFTA, the court held that unless the transferor's liability has already been determined in a proceeding affording the transferor a meaningful opportunity to defend, the transferor's presence is essential to permit the court to render complete relief. Mather Investors, LLC v. Larson, --- N.W.2d ----, 2006 WL 1544641 (Mich. App. 2006).