Amini LLC prevailed in an action brought on behalf of a sexual assault victim, obtaining an order directing the sale of the perpetrator’s home to satisfy her civil judgment against him.
Following entry of the judgment against him, the Respondent filed a bankruptcy case (to avoid enforcement), which was subsequently dismissed. Amini LLC then commenced a proceeding to sell his home in Westchester and pay our client the sale proceeds less the $150,000 homestead exemption and any existing liens. Initially, the court denied our petition, finding that we had not carried our evidentiary burden to show that the mortgage-free home was worth more than the $150,000 homestead exemption, and noting that the judgment was then being appealed. When the judgment was affirmed, we moved for reconsideration (to “reargue”), on the ground that his sworn bankruptcy schedules valued the home at $700,000 and confirmed there was no mortgage.
The court granted our motion, meaning the home will be sold by the Sheriff.
Decision linked here.