Judgment creditors frequently encounter difficulties enforcing their judgments against debtors, particularly those in distressed circumstances. A recent decision by the Ohio Court of Appeals in Wulco v. The O’Gara Group & Monroe Capital Partners Fund, 2023 WL 7292951 (Ohio Ct. App. Nov. 6, 2023), involved a battle between a judgment creditor and a UCC secured creditor, each seeking to obtain funds in a debtor’s bank account. The court examined not only the relative rights of the creditors as to those funds, but also whether a court clerk to whom the funds were transferred (as part of garnishment proceedings) could be a “transferee” under Section 9-332 of the Uniform Commercial Code, thereby stripping away any prior security interest.
Factual Background
In December 2021 and January 2022, The O’Gara Group Inc., a manufacturer of tactical vehicles for the U.S. military, purchased armor components and other military equipment from Wulco Inc., a supplier of those products. Because of financial difficulty, O’Gara failed to pay for those purchases or to make payments on tens of millions of dollars in loans to various lenders.

Photo: Lightfield Studios/Adobe Stock
