I asked you a question on 2/2/2013 in category of bankruptcy law. This question is somehow related. But I will brief a bit on the background.
The plaintiff expects to get a default judgement soon. The defendant is complained on breach of contract
and fraud (income). The defendant has the assets below:
1) his residential home under a trust of his own;
2) two busienss entities which also owns real-estates where the businesses operating. One business is jointly owned with another person. Defendant owns the business entites by owning the stocks.
3) defendant's IRA or other retirement account. Most likely at least partially funded by money from fraudulent performance or breach of contract.
4) possible bank accounts;
Question: upon getting the judgement, can the plaintiff immediately put
Lis pendens on the real-estates in 1) and 2) at the county where the real-estate locates. Does this action subject defendant's lawsuit on slander of title?
Can the judgement be used to immediately garnish defendant's bank account which may be under the name of a corporation owned by defendant, as well as the business entities assets?
The plaintiff complained defendant's fraud as well. But the judgement amount (asked) does not include punitive amount yet. However, the defendant engaged in similar fraud in his other business, it is high likely his IRA or other retirement account were funded with fraudulent money. If so, can the judge (the same judge)
determine whether to pursue defendant's IRA or not? Or the plaintiff has to file a seperate motion/request for this? Can the defendant file for bankruptcy protection
after judgement is out and taking his asset? If the defendant truely has asset, can he file for bankruptcy protection?