Conflicts-Of-Laws And Charging Orders
Topic Conflicts TopicsConflictOfLaws
The Harmonized Acts do not offer direct guidance on which state's laws should govern such a dispute, which has frequently led to confusion.
Implicitly, § 501 states that "[a] transferable interest is personal property", and for personal property the conflict of law pointer is usually to the state of the debtor's residence. The D/M's frequently attempt to apply the law of the entity's jurisdiction formation on some ground or another, almost always unsuccessfully, but these attempts waste the resources of the court and the parties. Thus, it would be preferable to amend § 503 to expressly state a clear and unequivocal conflict of law rule.
CONFLICTS OF LAW ARTICLES
- 2017.07.29 ... Federal Court Whiffs On Analysis But Gets Charging Order Right Anyway In Peach REO
CONFLICTS OF LAWS OPINIONS
- American Institutional Partners, LLC v. Fairstar Resources, Ltd., 2011 WL 1230074 (D.Del., Mar. 31, 2011).
- American Nat'l Bank v. Medved, 281 Neb. 799, 2011 WL 2586341 (2011).
- Capital Trans Int'l, LLC v. Int'l Petroleum Investment Co., 2013 WL 557236 (M.D.Fl., 2013).
- Earthgrains Baking Co. v. Sycamore Family Bakery, Inc., D.Utah Case No. 09CV523 (Aug. 21, 2015).
- Earthgrains Baking Companies, Inc. v. Sycamore Family Bakery, Inc., 2019 WL 6001940 (D.Utah, Nov. 14, 2019).
- Koh v. Inno-Pacific Holdings, Ltd., 114 Wash.App. 268, 54 P.3d 1270 (2002).
- Mahalo Investments III, LLC v. First Citizens Bank and Trust Co., Inc., 2015 WL 687922, ___ S.E.2d _____ (Ga.App., Feb. 19, 2015).
- Peach REO, LLC v. Rice, 2017 WL 2963511 (W.D.Tenn., July 11, 2017).
- Wells Fargo Equip. Fin. v. Retterath, 2019 WL 1574686 (Iowa, April 12, 2019).
- Williams v. The Estates LLC, 2022 WL 3226659 (M.D.N.C., Aug. 10, 2022).