A charging order is a directive to an LLC or partnership to pay any distributions due to an LLC member or partner to his or her creditor instead until a debt is satisfied. Charging orders are frequently used when an LLC member or partner has pledged his or her interest to a creditor and is in default of the loan.
Tuesday, August 9, 2016
12:00 PM - 1:00 PM
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Nebraska Activity #126878, 1.0 hour CLE
A charging order is a directive to an LLC or partnership to pay any distributions due to an LLC member or partner to his or her creditor instead until a debt is satisfied. Charging orders are frequently used when an LLC member or partner has pledged his or her interest to a creditor and is in default of the loan. Charging orders differ from liens on corporate stock in that charging orders do not allow the creditor to foreclose on the LLC or partnership interest but rather only to claim distributions from the entity. The creditor does not succeed to any other rights of the LLC member—voting, management, information—and is totally dependent on the entity’s deciding to make distributions. This program provides you with a real-world guide to the uses and limitations of charging orders in transactions and tips on enhancing their effectiveness.
- Use and limitations of charging orders in business transactions
- Differences in rights of a creditor of a corporate shareholder vs. rights of a creditor of a partner/LLC member
- What does a creditor get with a charging order, and what rights does the debtor retain?
- Tax consequences of charging orders
- Recent cases involving charging orders—bankruptcy, asset protection, single-member LLCs
- Charging orders and the race to the bottom
- Enforcement of one state’s charging order statute in another state
- What can be done to enhance effectiveness of charging orders?
Allen Sparkman is a partner in the Houston and Denver offices of Sparkman Foote LLP who practices in the areas of estate, tax, business, insurance, asset protection, and charitable giving. He is past president of the Rocky Mountain Estate Planning Council. He has written and lectured extensively on choice-of-entity, charitable giving, and estate planning topics. Mr. Sparkman is the Colorado reporter for the books State Limited Partnership Laws and State Limited Liability Company Laws, both published by Aspen Law & Business.
To Register:Cost $89.00
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Sara Weber, Nebraska State Bar Association
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