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
J. Adkisson, Charging Orders: The Peculiar Mechanism, South Dakota Law Review, Vol. 61, Issue 3, 2016.
J. Adkisson and T. Rutledge, Charging Order And Taxes: Some Of The Answers May Surprise You, American Bar Association Business Law Today (Aug. 2018), available at https://www.americanbar.org/groups/business_law/publications/blt/2018/08/04_adkisson/
J. Adkisson, C. Bishop, and T. Rutledge, Recent Developments In Charging Orders, American Bar Association Business Law Today (February, 2013), as found at https://www.americanbar.org/groups/business_law/publications/blt/2013/02/04_adkisson/
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.