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3rd DCAMarch 13, 2019Affirmed in part, reversed in part (order discharging lis pendens reversed and vacated; jurisdiction and bond orders affirmed with modification)⭐ Notable

LB Judgment Holdings, LLC v. Boschetti

Case No. 18-1323

A judgment creditor pursuing proceedings supplementary under section 56.29 recorded notices of lis pendens against properties held by seventeen impleaded single-purpose entities alleged to be alter egos of the judgment debtor or fraudulent transferees. The Third District reversed the discharge of the lis pendens, holding the creditor satisfied Chiusolo's 'fair nexus' standard with a good-faith, viable claim short of proving the merits, affirmed the denial of the impleaded entities' motion to quash service/dismiss for lack of personal jurisdiction, and affirmed the lis pendens and attorneys'-fee bonds while modifying the posting deadline and clarifying that each property bond stands separately.

Key facts

  • LB Judgment Holdings, LLC, a judgment creditor, filed proceedings supplementary under section 56.29 against judgment debtor Boschetti and recorded notices of lis pendens on seventeen properties held by single-purpose entities that the creditor alleged were alter egos of the debtor or fraudulent transferees.
  • The trial court discharged the lis pendens and imposed bond requirements including a multi-million-dollar attorneys'-fee component for anticipated trial and appellate costs.
  • +2 more key facts with a free trial

Why it matters

This is a detailed roadmap for judgment creditors using proceedings supplementary to reach assets held by alter ego entities, endorsing Longo and confirming that section 56.29 is liberally construed and supports lis… — full analysis with a trial

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