judgment creditor challenge in New York

2009Constr., Inc. v Cortland Paving Co., Inc., 55 AD3d 1106 [3d Dept 2008]; Matter of JS, 24 Misc 3d 1209[A] , 2009 NY Slip Op 51328[U] [Sup Ct, Nassau County 2009].) CPLR 5222-a (d) creates a statutory time period and procedure by which a judgment creditor can challenge a judgment debtor’s claim of exemption.

1965(Jud v. Carey Drive Yourself, 13 Misc 2d 580, 581-582 ; Graber v. Gault, 103 App. Div. 511 .) When a creditor has actual notice and knowledge of the bankruptcy proceeding in ample time to prove his claim, the omission to list him in the schedules in the bankruptcy court does not prevent the discharge from being operative against him and the judgment which he recovered; having such actual notice and knowledge ‘ the debt is discharged even though it was not scheduled.’ (Matter of Fischer [Ballin], 153 Misc. 29, 32 .) ‘ ‘ In the instant case, the judgment creditor did not challenge the dischargea

1965(Jud v. Carey Drive Yourself, 13 Misc 2d 580, 581-582 ; Graber v. Gault, 103 App. Div. 511 .) When a creditor has actual notice and knowledge of the bankruptcy proceeding in ample time to prove his claim, the omission to list him in the schedules in the bankruptcy court does not prevent the discharge from being operative against him and the judgment which he recovered; having such actual notice and knowledge ‘ the debt is discharged even though it was not scheduled.’ (Matter of Fischer [Ballin], 153 Misc. 29, 32 .) ‘ ‘ In the instant case, the judgment creditor did not challenge the dischargea

1965(Jud v. Carey Drive Yourself, 13 Misc 2d 580, 581-582 ; Graber v. Gault, 103 App. Div. 511 .) When a creditor has actual notice and knowledge of the bankruptcy proceeding in ample time to prove his claim, the omission to list him in the schedules in the bankruptcy court does not prevent the discharge from being operative against him and the judgment which he recovered; having such actual notice and knowledge ‘ the debt is discharged even though it was not scheduled.’ (Matter of Fischer [Ballin], 153 Misc. 29, 32 .) ‘ ‘ In the instant case, the judgment creditor did not challenge the dischargea

1947There is no question but that “ A judgment upon the merits rendered against a person who is not subject to the jurisdiction of the court * * * ■ is futile ” and that “ The objection to the jurisdiction of the court may be raised at any time.” (MacAffer v. Boston & Maine Railroad, 268 N. Y. 400, 404 .) The judgment creditor does not challenge this principle.

1943In Cochrane v. Ingersoll ( 73 N. Y. 613 ) the Court of Appeals in construing the former Code section (1241) held that the provision of the New Code (§ 1241), declaring that “ a judgment may be enforced ” in certain specified cases by punishing the judgment-debtor for a contempt, is not imperative; the judgment-creditor has no claim de jure that the power should be exercised.

1912Law, supra, § 291; O’Brien v. Fleckenstein, 180 N. Y. 350 .) [/~But in the case of a judgment creditor who can claim no benefit under the provisions of the said act, if the mortgage was valid between the parties we can see no reason for any distinction in the absence of some superior or at least equal equity.

1904With equal confidence the plaintiff refers to Nutt v. Cuming, 155 N. Y. 309 , where in an action of foreclosure the owner of a subsequent judgment was made a defendant, and a decree of foreclosure and sale in the usual form was made before the statutory lien expired, but the sale did not take place till five years later, and after the statutory lien had expired, and upon an application for the surplus moneys it was held that the lien having expired the judgment creditor had no claim upon the surplus moneys.