Business Law
Business Law News 2015, Issue 3
Content
- Bln Editorial Board: Message from the Issue Editors
- Business Law News Editoral Team
- Executive Committee: Message from the Chair
- Executive Committee of the Business Law Section 2014-2015
- MCLE Article: the Rules of Professional Conduct Do Apply to In-House Lawyers
- Regulate or Be Regulated: the Impact of Landmark Groundwater Legislation on Local Agencies
- Sharing Economy: An Interview with California Insurance Commissioner Dave Jones
- Standing Committee Officers of the Business Law Section 2014-2015
- Stay No More: the Cfpb's Proposed Amendments To Servicing Rules Undermine the Clarity of the Automatic Stay
- Table of Contents
- Test Your Knowledge: Recent Developments in Insolvency Law
- The Consumer Financial Protection Bureau's Enforcement Activities: 2014 Year In Review
- Orap Liens and Bankruptcy Law: Protecting the Interests of Judgment Creditors With Secret Liens
ORAP Liens And Bankruptcy Law: Protecting The Interests Of Judgment Creditors With Secret Liens
Michael Gomez
Michael Gomez focuses his practice in the areas of bankruptcy, restructuring, debtor and creditor rights, commercial litigation, and business litigation. He has represented various entities, including debtors, creditors’ committees, hedge funds, indenture trustees, equipment lessors, receivers, landlords, bankruptcy trustees, and institutional lenders in out of court workouts, federal and state court litigation, and chapters 7, 11, and 13 bankruptcy cases.
I. Introduction To ORAP Liens: What They Are And What They Can Do
Attorneys facing judgment collection encounter various complicated and sometimes daunting procedural challenges when advocating for their clients. One important example under California law is the "secret" lien that attaches upon service of an order to appear for examination on a judgment debtor. Service of the order to appear creates what is called an ORAP lien (because it’s based on an "ORder to APpear") on all of the debtor’s nonexempt personal property, whether or not such property is described in the notice of the examination with sufficient detail to be reasonably identifiable.1