charging order Archives - Davis Schilken, PC

Once Again, If Charging Order Protection Closes the Door to Asset Access by the Creditors, the Courts May Open Another Door

Sep 20, 2017

September 20, 2017 The use of a limited liability company can provide what is known as charging order protection against creditors of individual members who have assets inside the LLC. When the LLC can be shown to have a business, investment or marketing purpose...

The Double-Whammy’d Charging Order: Forget About Protecting the Assets in that LLC

Aug 21, 2017

August 21, 2017 Once again, the confidence one may have in relying on an LLC created in the United States as being the untouchable storehouse where assets can be safely tucked away, is misplaced. In the new ruling in the case of Peach REO, LLC v. Rice, Peach REO, LLC...

Cautionary Tale: Charging Order Upon Death of Debtor, Losing All the Limited Liability Company Asset Protection Benefits

Jul 20, 2017

July 20, 2017 The Delaware Chancery Court has now ruled on the continuing asset protection aspect of a charging order against assets in a 49% owned LLC. In that court case, a charging order had been obtained by a creditor who wanted to seize the assets inside of the...

JPMorgan Chase Bank v. McClure (2017 Colorado Supreme Court Ruling): Are Non-Colorado LLCs Now More Protective than Colorado LLCs for Colorado Residents?

Jul 12, 2017

July 12, 2017 In the recent Colorado Supreme Court decision (JPMorgan Chase Bank v. McClure, 2017 CO 22, 2017 WL 1321334 (Colo., April 10, 2017), the Court ruled that in order to enforce a charging order against an LLC, the creditor must bring the action to the...

Asset Protection Put to the Test—Issue—Is an LLC Enough Protection for my Assets—Don’t Count on it!

Jun 8, 2017

June 8, 2017 In the bankruptcy case of In re Cleveland, a debtor found just how non-protective a limited liability company (LLC) one-member can be in the face of creditors. The court ruled that such an LLC provides absolutely no protection from the LLC-owner’s...

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Once Again, If Charging Order Protection Closes the Door to Asset Access by the Creditors, the Courts May Open Another Door

The Double-Whammy’d Charging Order: Forget About Protecting the Assets in that LLC

Cautionary Tale: Charging Order Upon Death of Debtor, Losing All the Limited Liability Company Asset Protection Benefits

JPMorgan Chase Bank v. McClure (2017 Colorado Supreme Court Ruling): Are Non-Colorado LLCs Now More Protective than Colorado LLCs for Colorado Residents?

Asset Protection Put to the Test—Issue—Is an LLC Enough Protection for my Assets—Don’t Count on it!

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