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Kansas Charging Order Statutes And Opinions
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!!!Kansas Charging Order Statutes
* GENERAL PARTNERSHIPS: K.S. 56a-504. Partner's transferable interest subject to charging order
* LIMITED PARTNERSHIPS: K.S. 56-1a403. Rights of creditors
* LIMITED LIABILITY COMPANIES: K.S. 17-76,113. Rights of judgment creditor; charging orders
* GENERAL PARTNERSHIPS: K.S. 56a-504. Partner's transferable interest subject to charging order
* LIMITED PARTNERSHIPS: K.S. 56-1a403. Rights of creditors
* LIMITED LIABILITY COMPANIES: K.S. 17-76,113. Rights of judgment creditor; charging orders
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!!!GENERAL PARTNERSHIPS
K.S. 56a-504. Partner's transferable interest subject to charging order
(a) On application by a judgment creditor of a partner or of a partner's transferee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts, and inquiries the judgment debtor might have made or which the circumstances of the case may require.
(b) A charging order constitutes a lien on the judgment debtor's transferable interest in the partnership. The court may order a foreclosure of the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee.
(c) At any time before foreclosure, an interest charged may be redeemed:
(1) By the judgment debtor;
(2) with property other than partnership property, by one or more of the other partners; or
(3) with partnership property, by one or more of the other partners with the consent of all of the partners whose interests are not so charged.
(d) This act does not deprive a partner of a right under exemption laws with respect to the partner's interest in the partnership.
(e) This section provides the exclusive remedy by which a judgment creditor of a partner or partner's transferee may satisfy a judgment out of the judgment debtor's transferable interest in the partnership.
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!!!LIMITED PARTNERSHIPS
K.S. 56-1a403. Rights of creditors
On application to a court of competent jurisdiction 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 act does not deprive any partner of the benefit of any exemption laws applicable to the partner's partnership interest.
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!!!LIMITED LIABILITY COMPANIES
K.S. 17-76,113. Rights of judgment creditor; charging orders
(a) On application by a judgment creditor of a member or of a member's assignee, a court having jurisdiction may charge the limited liability company interest of the judgment debtor to satisfy the judgment. To the extent so charged, the judgment creditor has only the right to receive any distribution or distributions to which the judgment debtor would otherwise have been entitled in respect of such limited liability company interest.
(b) A charging order constitutes a lien on the judgment debtor's limited liability company interest.
(c) The Kansas revised limited liability company act does not deprive a member or member's assignee of a right under exemption laws with respect to the judgment debtor's limited liability company interest.
(d) The entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of a member's assignee may satisfy a judgment out of the judgment debtor's limited liability company interest, and attachment, garnishment, foreclosure, or other legal or equitable remedies are not available to the judgment creditor, whether the limited liability company has one member or more than one member.
(e) No creditor of a member or of a member's assignee shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.
(f) The district court shall have jurisdiction to hear and determine any matter relating to any such charging order.
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!!!!Kansas Charging Order Opinions
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