November 01, 2003

A Charging Order Is the Exclusive Remedy Against a Partnership Interest: Fact or Fiction? (2003, 17:06)

A Charging Order Is the Exclusive Remedy Against a Partnership Interest: Fact or Fiction?

Creditors’ Rights Against Limited Partnership Interests in General

Probate and Property, November/December 2003, Voume 17, Number 6

By Elizabeth M. Schurig and Amy P. Jetel
Elizabeth M. Schurig is a partner and Amy P. Jetel is an associate with Giordani, Schurig, Beckett & Tackett, L.L.P. in Austin, Texas.

Ask any practitioner what remedies are available to a creditor against a debtor’s interest in a limited partnership and that practitioner will undoubtedly say that a “charging order” (which allows a creditor to receive any profits or other money payable to the debtor partner directly from the partnership) is the exclusive remedy against the debtor’s limited partnership interest.  

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