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The Bankruptcy StrategistKickerFeaturesSectionsNewsLJN Newsletters

Calling on U.S.Marshals

By Nathan Haynes
March 27, 2013

When pondering how best to enforce a bankruptcy court order, calling upon the U.S. Marshals Service doesn't immediately jump to mind. But an interesting scenario presented in the Chapter 11 bankruptcy case of St. Vincent's Hospital demonstrates that the U.S. Marshals Service can be utilized as the ultimate enforcer for the United States bankruptcy courts. In the St. Vincent's case, the debtor and a purchaser of real property successfully obtained a writ of assistance for the U.S. Marshals to evict a holdover tenant. The power of the bankruptcy courts to issue writs is not limited to eviction issues, however, and this case provides a blueprint for obtaining a writ of assistance to enforce any type of bankruptcy court order.'

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