Lurker > reruns_revenge

The real problem with her defense can be found when she looks in the mirror.

But she will never be able to satisfy the judgment with a regular job. She won't even be able to make a dent in the post-judgment interest that would accrue. If the judgment is not vacated or massively reduced, she simply cannot make enough income with a regular job.

This case perfectly illustrates the consequences of asymmetrical interests in litigation and taking actions that provide little upside while creating potential exposure to massive liability. He had a strong incentive to pursue the case to rehabilitate his reputation and public perception and had little to lose and much to gain. In constrast, she had little to gain and much more to lose by publishing the op-ed and defending the lawsuit.

1. Even following an appeal, typically monetary judgments are enforceable unless the losing party obtains a stay, which usually requires them to post a bond in the full amount of the judgment plus interest and other amounts.

2. A bond for a judgment of this size would be very expensive and it is not clear whether she has the resources to obtain one. Also unclear how she will fund the legal fees for an appeal, although there seem to be enough people that are true believers in her story notwitstanding both of their behavior.

3. So the notion that simply filing an appeal will stay execution of the judgment is likely completely wrong although I do not know VA law, and she may not able to afford a bond to get one. While courts can waive the bond requirement, I see no reason to do so in this case - if anything, her admission that she can't pay the judgment weighs heavily against it.

4. Filing for bankruptcy would automatically stay execution of the judgment, which would allow her to pursue the appeal. However, legal fees in bankruptcy cases like these are not cheap either, and if the judgment is not vacated, it will do her no good because it will not be dischargeable. She will be stuck with it and still owe the money. At best, she might be able to structure repayment, but with what income.

5. Attempting to convert her assets into something exempt at this point also will not help because it would be a fraudulent transfer.

6. My speculation is that there will either be a settlement or she will find some nitwits to help her financially with legal fees and the related process, and see what happens with an appeal.