Tag: enforcement

Bankr. E.D.N.C.: In re McGregor – Lack of Jurisdiction to Enforce Order following Dismissal

Summary:

Turnover of a vehicle held by a Raeford Collision and subject to a possessory mechanic’s lien was resolved subject to a Consent Order, which required the MacGregor to provide the title to the vehicle so that a lien could be recorded with the North Carolina DMV. When the MacGregor’s Chapter 13 case was dismissed and they failed to produce the title, Raeford Collision sought an order “divesting title” or to sequester the vehicle and to hold the McGregors in contempt.

The bankruptcy court held that, while it would have had authority to grant relief in an open case, because a dismissal is a final appealable order and neither had a reservation of jurisdiction nor had been appealed, the bankruptcy court not able to “affect the rights of litigants before it .… Read More

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N.C. Court of Appeals: DOCRX, Inc. V. EMI Services- Enforcement of Foreign Judgment Obtained by Fraud

Summary:

Despite the Full Faith and Credit Clause of the U.S. Constitution, the Court of Appeals held that the enforcement of foreign judgments (in this case from Alabama) can be reviewed under Rule 60(b) on the following limited grounds:

(1) the judgment is based upon extrinsic fraud;
(2) the judgment is void; or
(3) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.

For a copy of the opinion, please see:

DOCRX, Inc. V. Read More

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