Adkisson's

Charging Orders

The Creditors' Primary Remedy Against A Debtor's

Interest In A Limited Liability Company Or Partnership

Caution state law variances!

 

The Charging Order Practice Guide: Understanding Judgment Creditor Rights Against LLC Members, by Jay D. Adkisson (2018), published by the LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association, click here for more

 

Available for purchase at https://goo.gl/faZzY6

Articles on Charging Orders

 

2019.06.24 ... Charging Order Protection Backfires At Judicial Sale In Preservation Holdings

2019.04.27 ... Iowa Supreme Court Serves Up A Shoddy Charging Order Opinion In Retterath

2019.03.19 ... Million Dollar Quartet Leads To Lien Priority Dispute Involving Charging Order

2019.02.18 ... Florida Order Awarding LLC Interest To Creditor Reversed In Pansky

2018.09.29 ... Morgan Stanley Uses Charging Order As An Entree To Appointment Of Receiver

2018.09.16 ... Debtor's Access To LLC Assets For His Personal Purposes Leads To Turnover Order In Golfwood Square

2018.07.30 ... Judicial Foreclosure Of An Alleged Single-Member Florida LLC Fails In Saadi

2018.05.31 ... LLC Manager's Fiduciary Duty Possibly Breached By Not Making A Distribution To Creditor In Garcia

2018.04.22 ... Creditor Fails To Prove Up Contempt For Violating Charging Order In SE Property

2018.03.22 ... Charging Orders Against Out-Of-State LLCs Clarified In German American Capital Opinion

2018.02.22 ... Ancillary Provisions In Charging Orders Illuminated In Law

2017.11.23 ... FDCPA Overrides State Law Limitations Period And Charging Order Exclusivity In Wilhite

2017.11.23 ... Charging Order Not Exclusive Remedy For SMLLC Interest In Heckert

2017.07.29 ... Federal Court Whiffs On Analysis But Gets Charging Order Right Anyway In Peach REO

2017.6.29 ... Colorado Supreme Court Affirms McClure Charging Order Decision And Causes Split With Other States

2017.5.22 ... A Charging Order A Day Keeps The Receiver Away In Pajooh

2017.3.11 ... Yet Another Intra-Member Dispute In ZUPT

2016.12.16 ... Charging Order Gives Creditor Priority Claim To Defeat A Receiver In Detroit Memorial

2016.9.3 … Charging Order Exclusivity Proves To Be Not So Exclusive In DeVoll

2016.6.14 … Bad Facts Make For Bad Charging Order Law In Arayos

2016.5.30 … Tennessee Charging Order Not An Appealable Final Judgment (Just Yet) In Rogers Group

2016.5.22 … LLC Distributions Arising From The Debtor's Labors Subject To 25% Earnings Exemption In Alexander

2016.2.21 … Does A Charging Order Lien Survive The Expiration Of The Judgment? Estate of Metzner

2016.2.13 … Charging Orders, Jurisdiction, And The Non-Party Debtor In Spates

2015.10.18 ... Charging Order Procedural Issues Confronted in Textron Financial

2015.10.14 ... Charging Order Jurisdictional And Foreign LLC Issues Become Clearer In Vision Marketing

2015.9.19 ... EarthGrains Turns Up The Heat With Utah Charging Order Against Nevada LLC

2015.8.26 ... Questionable Charging Order Priority Decision In Chase Bank Case

2015.6.20 ... The LLC Member In Bankruptcy: Ehmann And Its Progeny

2015.3.29 ... The MacDaddy Of All Intra-Member Charging Order Versus Levy Disputes In Voll

2015.2.21 ... Mahalo To Charging Order Issued Against Interests In Out-Of-State Non-Party LLCs

2015.2.18 ... Florida Charging Order Foreclosure Of A Nevis LLC In Barber

2014.12.19 ... Denman Creates Confusion For Bankrupt Debtor's Interest In LLC

2014.10.6 ... Albright Relief Applied To Personal Services LLC In Re Cleveland

2014.6.21 ... The Charging Order Is Wear It’s At, LLC, In Intra-Member Dispute

2014.2.27 ... Connecticut Court Shanghais Out-Of-State LLCs With Charging Orders

2014.1.30 ... Charging Orders And The Contemptuous Partnership

2013.8.16 ... No Jurisdiction Needed Over LLC Which Interests Were Charged In Rockstone Capital

2013.4.29 ... The Misunderstood Charging Order

2013.2.24 ... Simply Ignoring Court Orders Is Not The Best Strategy

2012.7.27 ... Jonas: Receiver Appointed By Montana Court To Take Control Of LCC Whose Interests Had Been Charged

2012.6.30 ... Inman: Are Charging Orders Entitled To Full Faith & Credit?

2012.6.22 ... Owner Of Debtor LLC Goes To Jail For Contempt For Interfering With Foreclosure Sale

2012.3.6 ... Weddell: Nevada Supreme Court Restricts Charging Order To Debtor's Economic Interests Only

2011.8.10 ... Buffa's Bad Tuna: Debtor Owning 99% Of LLC Attempts To Dodge Charging Order By Paying Oversized Salary To Wife

2011.7.31 ... Charging Orders and K.O.'d by the K-1 ... Not

 

C O M M O N      P A G E      F O O T E R

RECENT ARTICLES BY JAY ADKISSON

 

2019.06.24 ... Charging Order Protection Backfires At Judicial Sale In Preservation Holdings

2019.04.27 ... Iowa Supreme Court Serves Up A Shoddy Charging Order Opinion In Retterath

2019.03.19 ... Million Dollar Quartet Leads To Lien Priority Dispute Involving Charging Order

2019.02.18 ... Florida Order Awarding LLC Interest To Creditor Reversed In Pansky

 

More Articles On Charging Orders click here

 

THE CHARGING ORDER PRACTICE GUIDE BY JAY ADKISSON

 

The Charging Order Practice Guide: Understanding Judgment Creditor Rights Against LLC Members, by Jay D. Adkisson (2018), published by the LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association, click here for more

 

Available for purchase at https://goo.gl/faZzY6

LAW REVIEW ARTICLES BY JAY ADKISSON

 

For more on the historical background of Charging Orders and contemporary issues involving the same, see Jay Adkisson's article, Charging Orders: The Peculiar Mechanism, 61 South Dakota Law Review 440 (2016). Available at SSRN: https://ssrn.com/abstract=2928487

WEBSITE CONTENTS

 

Appeal - Issues relating to the appeal of a charging order

 

Bankruptcy - Treatment of the debtor/member's interest in bankruptcy

 

Compliance - Issues for the LLC and non-debtor members in complying with a charging order

 

Conflicts-Of-Law - Determining which state's laws apply to a charging order dispute

 

Creditor Rights Restrictions - Limitations on creditors' management and informational rights

 

Economic Rights - Limitation of charging order and foreclosure to debtor's economic rights

 

Exclusivity - The charging order as the sole remedy available to creditors and exceptions

 

Exemptions - Available state and federal protections that may apply to charging orders

 

Foreclosure - Liquidation by judicial sale of the debtor's right to distributions

 

Information Rights - Creditors' ability to access information about the LLC

 

Intra-Member Disputes - Where one member obtains a charging order against another

 

Jurisdiction - Issues relating to the court's authority over out-of-state debtors and LLCs

 

Lien - The lien effect of a charging order and priority issues

 

Procedure - The procedure for obtaining a charging order and ancillary provisions

 

Receiver - The role of the receiver in charging order proceedings

 

Single-Member LLCs - Enforcing the judgment against an LLC with a sole member

 

Taxes - Tax issues relating to charging orders for all involved parties

 

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Additional Court Opinions About Charging Orders - Unsorted

 

OTHER INFORMATIONAL WEBSITES BY JAY ADKISSON

 

  • About Jay Adkisson - More about Jay D. Adkisson, background, books, articles, speaking appearances - https://jayadkisson.com/

 

  • Captive Insurance Companies - Licensed insurance companies formed by the parent organization to handle the insurance and risk management needs of the business - https://captiveinsurancecompanies.com/

 

 

  • Collecting On A Judgment - An explanation of common creditor remedies, strategies and tactics to enforce a judgment, including a discussion of common debtor asset protection strategies - https://collectingonajudgment.com/

 

  • Voidable Transactions - Discussion of the Uniform Voidable Transactions Act (a/k/a 2014 Revision of the Uniform Fraudulent Transfers Act) and fraudulent transfer law in general - https://voidabletransactions.com/

 

  • Private Retirement Plans - An exploration of a unique creditor exemption allowed under California law which can be very beneficial but is often misused - https://privateretirementplans.com/

 

  • Protected Series LLCs - An examination of the single most complex statutory legal structure yet created, with particular reference to the Uniform Protected Series Act of 2017 - https://protectedseriesact.com/

 

  • California Enforcement of Judgments Law - Considers the topic of judgment enforcement in California, including the California Enforcement of Judgments Law and other laws related to California creditor-debtor issues - https://calejl.com/

 

 

Contact Jay Adkisson:

 

Phone: 702-953-9617     Fax: 877-698-0678     jay [at] jayad.com

 

Unless a dire emergency, please send me an e-mail first in lieu of calling to set up a telephone appointment for a date and time certain.

 

Las Vegas Office: 6671 S. Las Vegas Blvd., Suite 210, Las Vegas, NV 89119, Ph: 702-953-9617, Fax: 877-698-0678. By appointment only.

 

Newport Beach Office: 100 Bayview Circle, Suite 210, Newport Beach, California 92660. Ph: 949-200-7773, Fax: 877-698-0678. By appointment only.

 

Social Media Contact: Twitter and LinkedIn

 

Admitted to practice law in Arizona, California, Nevada, Oklahoma and Texas.

 

© 2018 Jay D. Adkisson. All Rights Reserved. No claim to government works or the works of the Uniform Law Commission. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction.  This site is https://chargingorder.com Contact: jay [at] jayad.com or by phone to 702-953-9617 or by fax to 877-698-0678.

 

Additional related sites: Voidable Transactions