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

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 sought to attach the LLC interests that Malcolm Rice owned in various LLCs (in Tennessee, Mississippi and Delaware).   This attachment of the LLCs was through a charging order. Continue reading

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

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 jurisdiction where the targeted LLC was formed. Continue reading