ULLCA 503(b)(1) Receiver

Site.ULLCASection503b1Receiver History

Hide minor edits - Show changes to output

April 20, 2022, at 04:28 AM by 50.159.12.10 -
Changed line 6 from:
Receiver [[!Code]] [--ULLCASecton503b1Receiver--]
to:
Receiver [[!Code]] [--ULLCASection503b1Receiver--]
April 20, 2022, at 04:27 AM by 50.159.12.10 -
Added lines 1-54:
(:title ULLCA 503(b)(1) Receiver:)
(:Summary: ULLCA 503(b)(1) Receiver:)
(:description ULLCA 503(b)(1) Receiver:)
(:keywords charging order, receiver:)
(:linebreaks:)
Receiver [[!Code]] [--ULLCASecton503b1Receiver--]
[[<<]]
[[<<]]
!(b) To the extent necessary to effectuate the collection of [[CodeDistribution | distributions]] pursuant to a charging order in effect under subsection (a), the court may:

!(1) appoint a receiver of the [[CodeDistribution | distributions]] subject to the charging order, with the power to make all inquiries the judgment debtor might have made; and

[[ULLCASection503b2OtherOrders|(2)]] make all other orders necessary to give effect to the charging order.
[[<<]]
[[<<]]
----

!!!Reporter's Comment to Subsection (b).

->Paragraph (2) refers to "other orders" rather than "additional orders."

->Therefore, given appropriate circumstances, a court may invoke Paragraph (1), Paragraph (2), or both.

!!!Reporter's Comment to Subsection (b)(1).

->The receiver contemplated here is emphatically not a receiver for the limited liability company, but rather a receiver for the [[CodeDistribution | distributions]] subject to the charging order.

->The principal advantage provided by this paragraph is an expanded right to information.

->However, that right goes no further than "the extent necessary to effectuate the collections of [[CodeDistribution | distributions]] pursuant to a charging order."

->For a correctly narrow reading of this provision, see Wells Fargo Bank, Nat. Ass'n v. Continuous Control Solutions, Inc., No. 11-1285, 2012 WL 3195759 (Iowa Ct. App. Aug. 8, 2012).

----

!!!JayNote

->As the comment states, the receiver appointed under ¶ (b) is not, negative, a receiver for the LLC itself, but instead is only a receiver for the [[CodeDistribution | distributions]], and for the creditor the main tactical advantage to such a receiver is for informational rights.

->''Example:'' Creditor holds a judgment against debtor, who has disappeared or is recalcitrant. Normally, the creditor would obtain information about [[CodeDistribution | distributions]] from the debtor, but the court may appoint a receiver to obtain this information in the debtor's place.

->Creditors routinely use this provision, quite appropriately, to have a "limited purpose receiver" appointed by the court with these powers only to enforce the charging order, but then work to expand the receiver's portfolio over matters to eventually become a general-purpose receiver for the debtor's estate generally.

----

For court opinions discussing the role of receivers and charging orders [[TopicsReceiverAppointment | click here]].

----

!!!RECEIVER OPINIONS

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

----