aggiehawg said:
Quote:
Maybe an injunction against Trump selling or encumbering any existing assets during the pendency of the appeal. Unfortunately, New York law does not seem to provide that flexibility.
Guess you missed the part about Engeron assigning a financial nanny over Trump's companies who must approve all such actions?
Gee, maybe that person has drawn a line in the sand and the bonding companies are not willing to cross it? Not saying that this happened here but given the structure imposed by the court, not an unreasonable question.
You know this, but others may not.
The "nanny" is related to the substantive enforcement proceeding against Trump for (to paraphrase) fraudulent business practices. It is unrelated to the appellate issue. To simplify a bit, the court appointed a "nanny" to prevent him from engaging in MORE "fraudulent business practices," REGARDLESS of any appeal.
My point is that something LIKE the "nanny" would probably be adequate to provide the judgment creditor (here, the state of New York) with adequate assurance of the collectability of the judgment. The competing consideration is that OTHER claims against Trump might arise and lead to judgments (and execution thereon) that would weaken that position.
My response (surreply?) is that (should such claims/judgments arise) there would be plenty of time for THIS judgment creditor to seek a revision of the arrangement.
In other words, I am arguing that it would be theoretically POSSIBLE to protect the interests of both Trump (as appellant) and the state (as judgment creditor) without EITHER seizure of assets OR a formal surety bond, but that New York law does not appear to provide that flexibility.