!!!Indiana Charging Order Statutes

* GENERAL PARTNERSHIPS: IC 23-4-1-28. Partner's interest subject to charging order

* LIMITED PARTNERSHIPS: IC 23-16-8-3. Rights of creditor

* LIMITED LIABILITY COMPANIES: IC 23-18-6-7. Judgment creditors

Changed lines 18-22 from:

!!Indiana Charging Order Opinions

UNLINKED

(:pagelist link=Category.Indiana list=normal:).

to:

!!!GENERAL PARTNERSHIPS

IC 23-4-1-28. Partner's interest subject to charging order

(1) On due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts, and inquiries which the debtor partner might have made, or which the circumstances of the case may require.

(2) The interest charge may be redeemed at any time before foreclosure, or in case of a sale being directed by the court may be purchased without thereby causing a dissolution:

(a) with separate property, by any one (1) or more of the partners; or

(b) with partnership property, by any one (1) or more of the partners with the consent of all the partners whose interests are not so charged or sold.

(3) Nothing in this chapter shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership.

----

!!!LIMITED PARTNERSHIPS

IC 23-16-8-3. Rights of creditor

On application to a court by any judgment creditor of a partner, the court may charge the partnership interest of the partner with payment of the unsatisfied amount of the judgment, with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the partnership interest. This article does not deprive any partner of the benefit of any exemption laws applicable to the partner's partnership interest.

----

!!!LIMITED LIABILITY COMPANIES

IC 23-18-6-7. Judgment creditors

(a) On application to a court with jurisdiction by a judgment creditor of a member, the court may charge the interest of the member in the limited liability company with the payment of the unsatisfied amount of the judgment with interest.

(b) To the extent the court charges under subsection (a), the judgment creditor has only the rights of an assignee of the member's interest in the limited liability company.

(c) This article does not deprive a member of the benefit of any exemption laws applicable to the member's interest in the limited liability company.
[[<<]]
[[<<]]
----
!!!Indiana Charging Order Opinions

(:pagelist link=Category.Indiana list=normal:)

Restore

March 19, 2022, at 01:22 AM by 68.227.20.72 -

Added lines 1-17:

(:title Indiana Charging Order Statutes And Opinions:)
(:Summary: Indiana Charging Order Statutes And Opinions:)
(:description Indiana Charging Order Statutes And Opinions:)
(:keywords Indiana, charging order:)
(:linebreaks:)
[[!state]]
[[<<]]
[[<<]]
TEXT
[[<<]]
[[<<]]
----
!!Indiana Charging Order Opinions

UNLINKED

(:pagelist link=Category.Indiana list=normal:).

Restore