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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 LLC. Continue reading
May 3, 2017:
Over the recent years, Nevis has added barriers to those creditors who seek to seize assets from targeted debtors. For starters, in order for a creditor to lay claim to assets in a Nevis LLC, the creditor must prove beyond a reasonable doubt (a very tough hurdle to overcome in a Nevis court) that the debtor, at the time he transferred the assets to the Nevis LLC, (1) intended to defraud that creditor and (2) was rendered insolvent by the transfer to the LLC, considering all of his assets including the full fair market value of the LLC interest. Continue reading