Future And Subsequently Acquired Interests

(:pagelist link=Category.Future_Interests list=normal fmt=title:)

Topic Future_Interests FutureSubsequentlyAcquiredInterests

(:title Future And Subsequently Acquired Interests:) (:Summary: Future And Subsequently Acquired Interests:) (:description Future And Subsequently Acquired Interests:) (:keywords charging order, future interest, subsequently acquired interest:)

Assume that at the time the charging order is entered, the D/M owns a 20% interest in the entity, as one of five members. Later, another member withdraws and the D/M's interest increases to 25%. Is the additional 5% interest subject to the charging order?

It is suggested that § 503 be amended to provide that future interests, a/k/a after-acquired interests, be subject to the prior charging order. This is again consistent with other judgment enforcement liens which likewise pick up after-acquired property, i.e., an abstract of judgment will pick up and apply to a new parcel that the debtor takes title to in the county, such as from an inheritance.

FUTURE AND SUBSEQUENTLY ACQUIRED INTEREST OPINIONS

Meyer v. Christie, 2011 WL 4857905 (D.Kan., Slip Copy, Oct. 13, 2011).

Presidential Facility, LLC v. Debbas, Case No. 09-12346 (E.D.Mich., April 12, 2013).