July 17, 2020

The Debtor's LLC Interest and Charging Orders In Bankruptcy

The Debtor's LLC Interest and Charging Orders In Bankruptcy

July 17, 2019

The recession of 2020 has already started to precipitate what is expected to be a tsunami of personal bankruptcy filings. Many of these debtors' bankruptcy estates will include LLC and partnership interests, but the Bankruptcy Code does not directly address how these assets of the debtor should be treated, and the court opinions on the subject have often been confusing and sometimes contradictory. This program will explore the treatment of LLC and partnership interests in the debtor/member's bankruptcy, how a charging order on the interest may affect creditors' rights, and what landmines the entities themselves and the non-debtor members must avoid. Hosted by the two persons who have written more on this top than any others: Prof. Carter Bishop of Suffolk University and Jay D. Adkisson, author of The Charging Order Practice Guide: Understanding Judgment Creditor Rights Against LLC Members.

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