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You have a judgment. Now what?

Many people, including lawyers, believe that obtaining a judgment is a great success.  It is, however, collecting on the judgment is the true measure of success.  Collecting on a judgment requires an understanding of the legal tools and remedies that might be available for you (including but not limited to tools and remedies such as post-judgment discovery, garnishment, execution, charging order, receivership, or involuntary bankruptcy)  and an analysis of what is most effective and cost efficient given your particular circumstances.  Give us a call or send us an email to find out if we can help you.

Payments under requirements contract for electricity not preferential

In Lightfoot v. MXEnergy Electric, Inc. (In re MBS Management Services, Inc.), the US Court of Appeals for the Fifth Circuit found that an electricity supply contract constituted a forward contract.  Further, the payments under the contract were found to be settlement payments and not subject to avoidance under the Bankruptcy Code.  A summary and copy of the opinion can be found here.

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