Charging Orders Practice

Jay Adkisson's creditor-debtor law practice includes the area of charging orders as a creditor's remedy against an interest in an LLC or partnership, and Jay has been involved in numerous charging order disputes. Jay is the author of the Charging Order Practice Guide, described below, and has written numerous articles regarding various charging order issues.

Jay also consults with other counsel in the use of, or defense against, charging orders and the foreclosure of charging order liens.


The Charging Order Practice Guide



The Charging Order Practice Guide: Understanding Judgment Creditor Rights Against LLC Members, by Jay D. Adkisson (2018), published by the LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association, available for purchase directly from the American Bar Association and also available from Amazon.


Law Review Article



J. Adkisson, Charging Orders: The Peculiar Mechanism, South Dakota Law Review, Vol. 61, Issue 3, 2016. Available at SSRN.


Charging Order Articles



2022.04.26 ... Charging Order Against Out-Of-State LLCs Allowed In AVT

2022.04.11 ... Fifth Circuit Navigates Around Charging Order Exclusivity For Intramember Dispute In Jiao

2022.03.31 ... Debtor’s Failure To Object To Charging Order Has Dire Consequences In Red Lion

2022.02.24 ... Tenth Circuit Nukes Charging Order Exclusivity In EarthGrains

2022.02.05 ... Charging Order Lien Avoided By Bankruptcy Court In Kleynerman

2022.01.05 ... Debtor’s Law Firm Fees Lien Takes Priority Over Charging Order In Rice

2021.09.30 ... Charging Order Interstate Jurisdictional Issues In Oberg

2021.09.28 ... The Uniform Public Expression Protection Act: Construction And Uniformity

2021.09.20 ... Statutory Authority For Charging Order Against Professional Association Addressed In Berns Custom Homes

2021.08.30 ... Charging Order Jurisdictional Issues In O’Neal

2021.07.30 ... U.S. District Judge Employs Common Sense To Overrule Glitch In Charging Order Statute In Brogdon

2021.06.17 ... Delaware Chancery Court Navigates Around Charging Order Exclusivity And Recognizes Reverse Veil-Piercing

2021.03.30 ... Some Random Musings About Single-Member LLCs Versus Multiple-Member LLCs

2021.03.27 ... Collateral Attack On Charging Order Via Federal Court Fails In Kerr

2021.02.15 ... Debtor’s Large LLC Distribution To Circumvent Charging Order Draws Ire Of Non-Debtor Member In Bargreen

2021.01.19 ... Equitable Remedy To Circumvent Charging Order Exclusivity Denied In Ramos

2020.12.17 ... Louisiana Court Of Appeals Rejects Busting Of Single-Member LLC In AOK Property

2020.11.28 ... Uniform Law Commission Creates Drafting Committee To Clean Up And Modernize American LLC Law

2020.11.26 ... Contempt Not Precluded By Charging Order Exclusivity In Gengs

2020.11.23 ... Charging Order Against Interest Of LLC In Bankruptcy Held Not To Violate The Automatic Stay In Nilhan

2020.06.20 ... Payment Of Distributions Directly To Creditor Holding A Charging Order Deemed Appropriate In BMO Case

2020.04.30 ... Charging Order Denied For Lack Of Proof Of The Debtor's Interest In Dhillon

2020.02.29 ... Florida Charging Order Requires Distributions To Be Re-Directed To The Creditor In Kostoglou

2019.11.24 ... Imputed Distributions To Evade Charging Order Result In Receiver And Sale Of Assets In Earthgrains

2019.06.24 ... Charging Order Protection Backfires At Judicial Sale In Preservation Holdings

2019.04.27 ... Iowa Supreme Court Serves Up A Shoddy Charging Order Opinion In Retterath

2019.03.19 ... Million Dollar Quartet Leads To Lien Priority Dispute Involving Charging Order

2019.02.18 ... Florida Order Awarding LLC Interest To Creditor Reversed In Pansky

2018.09.29 ... Morgan Stanley Uses Charging Order As An Entree To Appointment Of Receiver

2018.09.16 ... Debtor's Access To LLC Assets For His Personal Purposes Leads To Turnover Order In Golfwood Square

2018.07.30 ... Judicial Foreclosure Of An Alleged Single-Member Florida LLC Fails In Saadi

2018.05.31 ... LLC Manager's Fiduciary Duty Possibly Breached By Not Making A Distribution To Creditor In Garcia

2018.04.22 ... Creditor Fails To Prove Up Contempt For Violating Charging Order In SE Property

2018.03.22 ... Charging Orders Against Out-Of-State LLCs Clarified In German American Capital Opinion

2018.02.22 ... Ancillary Provisions In Charging Orders Illuminated In Law

2017.12.17 ... Charging Order Priority Makes For A Mess In Florida In Capstone Bank Case

2017.11.23 ... FDCPA Overrides State Law Limitations Period And Charging Order Exclusivity In Wilhite

2017.11.23 ... Charging Order Not Exclusive Remedy For SMLLC Interest In Heckert

2017.07.29 ... Federal Court Whiffs On Analysis But Gets Charging Order Right Anyway In Peach REO

2017.06.29 ... Colorado Supreme Court Affirms McClure Charging Order Decision And Causes Split With Other States

2017.05.22 ... A Charging Order A Day Keeps The Receiver Away In Pajooh

2016.12.16 ... Charging Order Gives Creditor Priority Claim To Defeat A Receiver In Detroit Memorial

2016.09.03 … Charging Order Exclusivity Proves To Be Not So Exclusive In DeVoll

2016.03.26 … Trustee Frustrated In Selling Debtor/Member's LLC Interest In Talbut

2016.06.14 … Bad Facts Make For Bad Charging Order Law In Arayos

2016.05.30 … Tennessee Charging Order Not An Appealable Final Judgment (Just Yet) In Rogers Group

2016.05.22 … LLC Distributions Arising From The Debtor's Labors Subject To 25% Earnings Exemption In Alexander

2016.02.21 … Does A Charging Order Lien Survive The Expiration Of The Judgment? Estate of Metzner

2016.02.13 … Charging Orders, Jurisdiction, And The Non-Party Debtor In Spates

2015.10.18 ... Charging Order Procedural Issues Confronted in Textron Financial

2015.10.14 ... Charging Order Jurisdictional And Foreign LLC Issues Become Clearer In Vision Marketing

2015.09.19 ... EarthGrains Turns Up The Heat With Utah Charging Order Against Nevada LLC

2015.08.26 ... Questionable Charging Order Priority Decision In Chase Bank Case

2015.06.20 ... The LLC Member In Bankruptcy: Ehmann And Its Progeny

2015.03.29 ... The MacDaddy Of All Intra-Member Charging Order Versus Levy Disputes In Voll

2015.02.21 ... Mahalo To Charging Order Issued Against Interests In Out-Of-State Non-Party LLCs

2015.02.18 ... Florida Charging Order Foreclosure Of A Nevis LLC In Barber

2014.12.19 ... Denman Creates Confusion For Bankrupt Debtor's Interest In LLC

2014.10.6 ... Albright Relief Applied To Personal Services LLC In Re Cleveland

2014.06.21 ... The Charging Order Is Wear It’s At, LLC, In Intra-Member Dispute

2014.02.27 ... Connecticut Court Shanghais Out-Of-State LLCs With Charging Orders

2014.01.30 ... Charging Orders And The Contemptuous Partnership

2013.08.16 ... No Jurisdiction Needed Over LLC Which Interests Were Charged In Rockstone Capital

2013.04.29 ... The Misunderstood Charging Order

2013.02.24 ... Simply Ignoring Court Orders Is Not The Best Strategy

2012.07.27 ... Jonas: Receiver Appointed By Montana Court To Take Control Of LCC Whose Interests Had Been Charged

2012.06.30 ... Inman: Are Charging Orders Entitled To Full Faith & Credit?

2012.06.22 ... Owner Of Debtor LLC Goes To Jail For Contempt For Interfering With Foreclosure Sale

2012.03.06 ... Weddell: Nevada Supreme Court Restricts Charging Order To Debtor's Economic Interests Only

2011.8.10 ... Buffa's Bad Tuna: Debtor Owning 99% Of LLC Attempts To Dodge Charging Order By Paying Oversized Salary To Wife

2011.07.31 ... Charging Orders and K.O.'d by the K-1]] ... Not


Past Speaking Appearances On Charging Orders



2021.12.09 ... Webinar ... Jay Adkisson presented "Liability Protection for LLCs, and Charging Orders" at the 2021 Business Planning Summit of WealthCounsel

2021.09.29 ... Webinar ... Jay Adkisson and John Williams presented "Enforcing Judgments With Charging Orders: Redirecting Partnership and LLC Profits to Judgment Creditors" for Strafford Publication

2020.07.19 ... Webinar ... Jay Adkisson and Prof. Carter Bishop presented "Charging Orders And The LLC Interest In Bankruptcy" to the Business Law Section of the American Bar Association

2019.03.26 ... Alameda, CA ... Jay Adkisson presented "LLCs And Charging Orders: What A Bankruptcy Practitioner Needs To Know" at the Alameda County Bar Association Bankruptcy Section's meeting.

2019.02.04 ... Newport Beach, CA ... Jay Adkisson presented "Charging Orders" at the STEP Orange County 8th Annual Institute.

2019.10.11 ... Washington, DC ... Jay Adkisson moderated the panel "Charging Orders" at the American Bar Association's Annual Limited Liability Company Institute.

2018.10.11 ... Washington, DC ... Jay Adkisson moderated the panel "Charging Orders" at the Annual LLC Institute sponsored by the Business Law Section of the American Bar Association.

2018.10.17 ... Webinar ... Jay Adkisson presented the webinar "How Do Charging Orders Work, Really? for WealthCounsel.

2016.11.17 ... Nashville, TN ... Jay Adkisson to present "Charging Orders and Piercing the LLC Veil" at the Tennessee International Tax Conference.

2017.09.15 ... Chicago ... Jay Adkisson was a panelist for the presentation "Restructuring Limited Liability Companies - In and Out of Bankruptcy at the Annual Meeting of the Business Law Section of the American Bar Association

2017.03.24 ... ABA Webinar ... Jay Adkisson and Prof. Carter Bishop to present "Charging Orders Redux – What, How and Why and Recent Developments with Leading Experts"

2016.9.15 ... Los Angeles ... Presented the sections, "Business Asset Protection", "Understanding Charging Orders" and "California's New Uniform Voidable Transactions Act" at a seminar sponsored by Pincus Professional Education.

2016.4.1 ... Vermillion, SD ... Presented "Charging Orders" at the Asset Protection Symposium of the University of South Dakota Law Review.

2016.2.11 ... NBI Webinar ... Presented Charging Orders: Practice and Procedure and LLC Hot Topics for a webinar sponsored by the National Business Institute.

2015.7.10 ... Jay Adkisson and Carter Bishop presented "The Consequences of an LLC Member Filing Bankruptcy" at the University of Texas annual LLCs, LPs and Partnerships conference

2014.7.10 ... Austin, TX ... Presented "Charging Orders" at the University of Texas Continuing Legal Education Conference on LLCs, LPs and Partnerships

2014.5.8 ... Miami ... Presented "Fraudulent Transfers and Charging Orders" at the Florida Bar Tax Section seminar Asset Protection Industry Leaders Present Key Tools, Technologies, and Insights to Create a Successful Wealth Protection Plan

2013.9.24 ... ABA Webinar ... With Ellisa Habbart presented "Creditors Remedies Against LLCs Other Than Charging Orders" presented by the American Bar Association Section on Real Property, Trusts & Estates

2013.4.23 ... ABA Teleconference ... Presented "Charging Orders" for the American Bar Association Section on Business Law Committee on Limited Partnerships and Unincorporated Entities

2013.4.4 ... Washington DC ... Chaired panel "Creditor Attacks on LLCs and LPs Other Than By Charging Orders" at the Spring Meeting of the American Bar Association's Business Law Section

2012.10.18 ... Washington, D.C. ... Presented "Practical Aspects of Charging Orders" at the LLC Institute sponsored by the LPUE Committee of the Business Law Section of the American Bar Association

2010.8.4 ... National Telephone Conference ... Jay Adkisson joined Professor Carter G. Bishop of the Suffolk University Law School to discuss the "reverse veil piercing" of limited liability companies and Olmstead. Presented by the Business Planning Group of the American Bar Association's Section on Real Property, Probate and Trust Planning.

2007.7.11 ... Orange County, CA ... Presented "Understanding Charging Orders" at the luncheon of the Trusts & Estates Section of the Orange County Bar Association

2006.10.19 ... Presented"Asset Protection: 10 Things You Must Know" and "Understanding Charging Order Protection and Drafting Considerations" at the Southern California Tax & Estate Planning Forum.


© 2022 Jay D. Adkisson. All rights reserved. No part of this website may be copied in whole or in any part without the express written permission of Jay D. Adkisson. Jay is not a legal specialist in any area of practice, and has not been approved as a legal specialist by any state board of legal specialization or similar body. Nothing herein is any advertisement or offer for Jay to practice in any jurisdiction where he is not is licensed to practice law. This website does not give any legal advice or opinion, and is no substitute for the advice and counsel of an attorney consulted in the relevant jurisdiction. Questions about this website should be directed to jay [at] jayad.com, by phone to 702-953-9617 or by fax to 877-698-0678. This website is https://jayadkisson.com