Title 7, Judiciary and Civil Procedure

When a creditor has a mortgage, or pledge of real or personal property of the debtor, or a lien thereon, for securing the payments of a debt owing to him from the debtor, or an attachment or execution on property of the debtor duly recorded and not dissolved under this Title, he …

No creditor, proving his debt or claim, shall be allowed to maintain any suit therefor against the debtor, but shall be deemed to have waived all right of action and suit against him, and all proceedings already commenced or any unsatisfied judgment already obtained thereon shall…

Any person who shall have accepted any preference, having reasonable cause to believe that the same was made or given by the debtor contrary to any provision of this Chapter, shall not be allowed to prove the debt or claim on account of which the preference was made or given, nor…

COL120106 The court may, upon the application of the assignee, or of any creditor, or without any application, before or after adjudication in insolvency, examine upon oath the debtor in relation to his property and estate and may examine any other person tendering or making proo…

An insolvent debtor may offer terms of composition to his creditors after, but not before, he has filed in court a schedule of his property and list of his creditors as provided in this Chapter. An application for the confirmation of a composition may be filed in insolvency court…

A time shall be fixed by the court for the hearing upon an application for the confirmation of a composition, and for the hearing of such objections as may be made to its confirmation. The court shall confirm a composition if satisfied that (1) it is for the best interest of the …

At any time after the expiration of three (3) months from the adjudication of insolvency, but not later than one (1) year from such adjudication, unless the property of the insolvent debtor has not been converted into money, the debtor may apply to the court for a discharge from …

No discharge shall be granted, or if granted, no discharge will be valid: COL120106 1. If the debtor shall have sworn falsely in the affidavit annexed to his petition, schedule, or inventory, or upon any examination in the course of the proceedings in insolvency, in relation to a…

Any creditor opposing the discharge of a debtor shall file his objections thereto, specifying the grounds of his opposition, and after the debtor has filed and served his answer thereto, which pleading shall be verified, the court shall try the issue or issues raised, according t…

If it shall appear to the court that the debtor has in all things conformed to his duty under this Chapter, and that he is entitled under the provisions thereof to receive a discharge, the court shall grant him a discharge from all his debts, except as hereinafter provided, and s…

No debt created by the fraud or embezzlement of the debtor, or by his defalcation as a public officer or while acting in a fiduciary capacity, shall be discharged under this Chapter, but the debt may be proved, and the dividend thereon shall be a payment on account of said debt. …

A discharge, duly granted under this Title, shall, with the exceptions aforesaid, release the debtor from all claims, debts, liabilities, and demands set forth in his schedule, or which were or might have been proved against his estate in an insolvency, and may be pleaded by a si…

If any debtor being insolvent, or in contemplation of insolvency, within thirty (30) days before the filing of a petition by or against him, with a view to giving a preference to any creditor or person having a claim against him or who is under any liability for him, procures any…

If any debtor shall die after the order of adjudication, the proceedings shall be continued and concluded in like manner and with like effect and validity as if he had lived. SOURCE: CCP § 1372.

Pending insolvency proceedings by or against any person, partnership, association, or corporation, no statute of limitations shall run upon a claim of or against the estate of the debtor. SOURCE: CCP § 1373.

Any creditor, at any stage of the proceedings, may be represented by his attorney or duly authorized agent, and the attorney or agent, properly authorized, shall be entitled to vote at any creditors' meeting as and for his principal. COL120106 SOURCE: CCP § 1374.

It shall be the duty of the court having jurisdiction of the proceedings, upon petition and after hearing, to exempt and set apart, for the use and benefit of said insolvent, such real and personal property as is by law exempt from execution, and also a homestead; but no such pet…

The filing of a petition by or against a debtor upon which or upon an amendment of which an order of adjudication in insolvency may be made, shall be deemed to be the commencement of proceedings in insolvency under this Chapter. SOURCE: CCP § 1376.

Upon the filing of either a voluntary or involuntary petition in insolvency, a receiver may be appointed by the court in which the proceeding is pending, at any time before the election of an assignee, when it appears by the verified petition of a creditor that the assets of the …

When an attachment has been made and is not dissolved before the commencement of proceedings in insolvency, or is dissolved by an undertaking given by the defendant, if the claim upon which the attachment suit was commenced is proved against the estate of the debtor, the plaintif…

In all contested matters in insolvency the court may, in its discretion, award costs to either party to be paid by the other, or to either or both parties to be paid out of the estate, as justice and equity may require. In awarding costs, the court may issue execution therefor. I…

If no creditor files written objection, the court may, upon the application of the debtor, if it be a voluntary petition, or of the petitioning creditors if a creditor's petition, dismiss the petition and discontinue the proceedings at any time before the appointment of an assign…

An appeal may be taken to the Supreme Court in the following cases: 1. From an order granting or refusing an adjudication of insolvency and, in the latter case, from the order fixing the amount of costs, expenses, damages, and attorney's fees allowed the debtor; 2. From an order …

This Act shall be known as the “Uniform Enforcement of Foreign Judgments Act (UEFJA) of 2014.”

The purpose of this Act is to provide for a simpler and more efficient procedure to domesticate judgments rendered in other states or territories of the United States that result from needing to bring a new lawsuit to enforce a sister-state judgment.

As used in this Act, unless the context otherwise requires, foreign judgment means any judgment, decree, or order of a court of the United States, or of any other court, which is entitled to full faith and credit in Guam.

A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes or court rules of Guam may be filed in the office of the Clerk of the Superior Court of Guam. The Clerk shall treat the foreign judgment in the same manner as a judgment of the Supe…

(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor’s lawyer shall make and file with the Clerk of Court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. (b) …

(a) If the judgment debtor shows the Superior Court in which the judgment is filed that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the Court shall stay enforcement of the foreign judgment until the appeal is conc…

Any person filing a foreign judgment shall pay to the Clerk of Court a filing fee equal to that established by court rule for the filing of civil actions.

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Act remains unimpaired.

This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states and other jurisdictions which enact it. -------- COL7222015

This Chapter shall be known as the “Uniform Foreign Money- Judgments Recognition Act of 2014.”

As used in this Chapter: (a) Foreign country means a government other than: (1) the United States; (2) a state, district, commonwealth, territory, or insular possession of the United States; or (3) any other government with regard to which the decision in this state as to whether…

(a) Except as otherwise provided in Subsection (b), this Chapter applies to a foreign-country judgment to the extent that the judgment both: (1) grants or denies recovery of a sum of money; and (2) under the law of the foreign country where rendered, is final, conclusive, and enf…

(a) Except as otherwise provided in Subsections (b) and (c), a court of Guam shall recognize a foreign-country judgment to which this Chapter applies. (b) A court of Guam shall not recognize a foreign-country judgment if any of the following apply: (1) the judgment was rendered u…

(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of the following apply: (1) the defendant was served with process personally in the foreign country; (2) the defendant voluntarily appeared in the proceeding, other than for t…

Country Money Judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought i…

If the court in a proceeding under § 52106 finds that the foreign-country judgment is entitled to recognition under this Chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: COL7222015 CH 52 TH…

Judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had suffici…

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen (15) years from the date that the foreign-country judgment became effective in the foreign c…

In applying and construing this Chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the “Uniform Foreign-Country Money Judgments Recognition Act.”

The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of that Act. --------- COL7222015

This Chapter shall be known as the “Guam Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act of 2019.”

As used in this Chapter, the term: (a) child means an unemancipated individual who is less than eighteen (18) years of age; (b) consent means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization; (c) depicted individual me…

(a) Except as otherwise provided in § 53104 of this Chapter, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual’s consent has a cause …