Missouri Charging Order Statutes And Opinions
State StateMissouri
Missouri Charging Order
- GENERAL PARTNERSHIPS: Mo.Stat. 358.280. Partner's interest subject to charging order
- LIMITED PARTNERSHIPS: Mo.Stat. 359.421. Rights of judgment creditor of partner
- LIMITED LIABILITY COMPANIES: Mo.Stat. 347.119. Judgment creditor of member, charge of member's interest with payment of unsatisfied judgment.
GENERAL PARTNERSHIPS
Mo.Stat. 358.280. 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 charged 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
(1) With separate property, by any one or more of the partners; or
(2) With partnership property, by any one 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
Mo.Stat. 359.421. Rights of judgment creditor of partner
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 chapter does not deprive any partner of the benefit of any exemption laws applicable to his partnership interest.
LIMITED LIABILITY COMPANIES
Mo.Stat. 347.119. Judgment creditor of member, charge of member's interest with payment of unsatisfied judgment.
On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the member's interest in the limited liability company 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 member's interest. Sections 347.010 to 347.187 do not deprive any member of the benefit of any exemption laws applicable to his interest in the limited liability company.