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Charging Orders Creditors

Ward and Smith, P.A.

Charging Order Limitations – You Can't Charge What They Don't Own

Ward and Smith, P.A. on

In North Carolina, a creditor who obtains a judgment against an individual with an ownership interest in a limited liability company or limited liability partnership may enforce its unsatisfied judgment by petitioning the...more

Amundsen Davis LLC

Tick Tock: Election to Opt-Out of Wisconsin’s New “Creditor-Friendly” LP And LLC Acts Expire December 31, 2022

Amundsen Davis LLC on

Effective January 1, 2023, Wisconsin will arguably become a more creditor-friendly state for judgment creditors of an LP partner or LLC member by virtue of the additional rights afforded a judgment creditor under Chapters 179...more

Womble Bond Dickinson

Charging Orders

Womble Bond Dickinson on

A “charging order” allows a judgment creditor to receive a debtor’s share of distributions from a limited liability company (LLC) or a partnership. With the proliferation of LLCs in the last 20 years, understanding “charging...more

Allen Matkins

The Charging Order – How The Nevada Secretary Of State Doesn’t Get It Quite Right

Allen Matkins on

In 2007, Nevada imposed an interesting limitation, the charging order, on the ability of creditors to foreclose on shares of closely-held Nevada corporations. Here’s how the Nevada Secretary of State’s website describes the...more

Baker Donelson

What the Mahalo??

Baker Donelson on

Although commonly known, judgment creditors rarely utilize the charging order as a collection mechanism. This may change as a result of recent case law developments. The charging order has long been recognized in the...more

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