[CLBS] Executing on a right to appeal

[Lewis Stoddard]

There is some authority from the State of Nevada that makes a distinction as to whether the appeal is of affirmative claims that are being pursued or purely defensive.  I lost on an attempt to levy on an appeal that was purely defensive, meaning the appellant only asserted affirmative defenses but no affirmative claims/counterclaims. 

Thanks. 

Lewis N. Stoddard*
Attorney 
HALLIDAY WATKINS & MANN, P.C. 
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-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Robert Faucher
Sent: Thursday, May 28, 2020 11:47 AM
To: Patrick Geile <PGeile at foleyfreeman.com>; clbs at admws.idaho.gov
Subject: Re: [CLBS] Executing on a right to appeal

Patrick,

I argued this issue in front of the Idaho Supreme Court very recently.  The Supreme Court has looked at the issue several times, but always shies away from issuing a precedential opinion for some reason.

The Supreme Court has consistently held that a judgment creditor can execute on the chose in action notwithstanding a pending appeal, if no bond has been posted.  In my case, the Supreme Court vacated the stay of execution that the district court had granted.

You're correct, there is no exemption.

California prohibits it by statute.

Bob
Robert A. Faucher
Holland & Hart LLP
800 W. Main St., Suite 1750
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Phone (208) 383-3941 (dd)
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From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Thursday, May 28, 2020 11:39 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Executing on a right to appeal

External Email



In Idaho can a creditor execute on an appeal right in Idaho? The appeal is from a bankruptcy court. I think the creditor can as I don' think any exemption applies.


Patrick J. Geile
Attorney
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