United Glossary of Bankruptcy Terms2012.
US Bankruptcy2012.
There are some states that do not limit creditors to a charging order to satisfy their claim. These states, based on varying criteria and circumstances, allow the creditor to foreclose on the interest of the debtor in the investment-based entity. In essence, the creditor can force the liquidation of the entity in order to satisfy the claim against the debtor.
In particular, a debtor's interest in a single-member LLC may be foreclosed upon in addition to the grant of a charging order. The reasoning is that there are no other non-debtor members whose interests need be protected; therefore, the entity can be liquidated and the proceeds used to satisfy the creditor's judgment claim.
Charging order limitations, in the states that have them, such as California, are a good way to protect partnership assets. They are also common in the U.K.
наказ про накладання арешту; наказ про обернення стягнення на частку боржника у товаристві