JAY ADKISSON
Attorney - Author
Charging Orders and Alter Ego/Veil Piercing
Jay frequently litigates issues involving, and writes about, issues involving charging orders and other creditor remedies against limited liability companies (LLCs), limited partnerships (LPs), general partnerships (GPs), and their variants. Jay has served as an American Bar Association Adviser, 2014-2017, to the Drafting Committee of the proposed Uniform Limited Liability Company Protected Series Act.
Jay also is available as an expert witness and consultant on these issues.
The Charging Order Practice Guide
by Jay Adkisson
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 now at https://goo.gl/faZzY6
Articles on Charging Orders
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
2016.9.3 … Charging Order Exclusivity Proves To Be Not So Exclusive In DeVoll
2016.6.14 … Bad Facts Make For Bad Charging Order Law In Arayos
2016.5.30 … Tennessee Charging Order Not An Appealable Final Judgment (Just Yet) In Rogers Group
2016.5.22 … LLC Distributions Arising From The Debtor's Labors Subject To 25% Earnings Exemption In Alexander
2016.2.21 … Does A Charging Order Lien Survive The Expiration Of The Judgment? Estate of Metzner
2016.2.13 … 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
2015.9.19 ... EarthGrains Turns Up The Heat With Utah Charging Order Against Nevada LLC
2015.8.26 ... Questionable Charging Order Priority Decision In Chase Bank Case
2015.6.20 ... The LLC Member In Bankruptcy: Ehmann And Its Progeny
2015.3.29 ... The MacDaddy Of All Intra-Member Charging Order Versus Levy Disputes In Voll
2015.2.21 ... Mahalo To Charging Order Issued Against Interests In Out-Of-State Non-Party LLCs
2015.2.18 ... 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
2014.6.21 ... The Charging Order Is Wear It’s At, LLC, In Intra-Member Dispute
2014.2.27 ... Connecticut Court Shanghais Out-Of-State LLCs With Charging Orders
2014.1.30 ... Charging Orders And The Contemptuous Partnership
2013.8.16 ... No Jurisdiction Needed Over LLC Which Interests Were Charged In Rockstone Capital
2013.4.29 ... The Misunderstood Charging Order
2013.2.24 ... Simply Ignoring Court Orders Is Not The Best Strategy
2012.7.27 ... Jonas: Receiver Appointed By Montana Court To Take Control Of LCC Whose Interests Had Been Charged
2012.6.30 ... Inman: Are Charging Orders Entitled To Full Faith & Credit?
2012.6.22 ... Owner Of Debtor LLC Goes To Jail For Contempt For Interfering With Foreclosure Sale
2012.3.6 ... 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
2011.7.31 ... Charging Orders and K.O.'d by the K-1 ... Not
Presentations on Charging Orders
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.
Articles on Alter Ego/Veil Piercing
2021.04.09 ... Temporal Issues In Alter Ego Analysis
2020.11.11 ... California Court Of Appeals Approves Alter Ego Theory To Add Additional Judgment Debtors In Butler
2020.05.24 ... Stop In The Name Of Lien: The IRS Loses Against The Partnership Of Motown Songwriter Edmond Holland, Jr.
2020.01.30 ... Sixth Circuit Punts On Tennessee Reverse Piercing Law In Church Joint Venture Case
2019.11.27 ... Nevada Supreme Court Answers Some Alter Ego Questions Leaves Others Unanswered In Magliarditi
2018.03.26 ... IRS Prevails On Alter Ego Grounds Against Financially-Distressed Companies In Cordes
2017.08.13 ... Reverse Veil Piercing Given New Life In California Against A Delaware LLC In Curci
2017.06.11 ... Alter Ego Cuts A Broad Swath Against Nevada Entities And Trusts In Transfirst
2014.12.1 ... Single-Member LLC's Veil Pierced In Greenhunter
2012.6.3 ... Webb & Carey: When Control Is Bad -- Receiver Uses Debtors' Controlling Interests In Partnerships To Get At Partnership Assets
2012.5.25 ... Miske: The Innocent General Partner Tagged With Liability For Losses Due To Misdeeds Of Another General Partner
2012.4.30 ... Serio: Corporate Veil Of Single-Member LLC Holds Up In Maryland To Protect Owner In Absence Of Fraud
2012.2.5 ... Martin: The Inherent Dangers Of The Single Member LLC And Alter Ego Veil Piercing
2012.1.14 ... Royal Bank of Canada: Separate Entity Rule Survives As To Restraining Order Served On Manhattan Branch For Debtor's Toronto Accounts
2011.9.30 ... Undercapitalization Again: Owner Of Sole Shareholder Corporation Gets Aced On Veil Piercing Claim At The U.S. Open
2011.8.25 ... KKR, Bruno's, the Fiduciary Shield Doctrine, and the Long Arm of Alabama
2011.8.20 ... Khashoggi: Margin Scheme Leads Personal Liability For True Beneficial Owner Under Alter Ego Theory; Undercapitalization and Domination
2011.8.19 ... Noack: The Single Member LLC, Alter Ego, and Undercapitalization
RECENT ARTICLES
2021.10.31 ... Why So Few Rich Americans In The Pandora Papers?
2021.10.30 ... Ninth Circuit Agrees That Damages Is Not An Element Of A Fraudulent Transfer Case In Medina
2021.10.21 ... Residence Underwater Due To Liens Not An Asset That Could Be Fraudulently Transferred In Tootian
2021.10.16 ... Understanding Ipso Facto Clauses In Asset Protection Planning
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
2021.09.13 ... The Uniform Public Expression Protection Act: Costs, Attorney's Fees And Litigation Expenses
2021.08.30 ... Charging Order Jurisdictional Issues In O’Neal
2021.08.25 ... The Uniform Public Expression Protection Act: Appeal
2021.08.18 ... The Complex Trust Is Simply The Criminal Tax Evasion Device Known As The Pure Trust Repackaged
2021.08.09 ... The Uniform Public Expression Protection Act: Analysis And Dismissal
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ABOUT JAY ADKISSON
Generally
Focus
- Creditor-Debtor Law
- Asset Protection
- Charging Orders
- Voidable Transfers (was Fraudulent Transfers)
- Captive Insurance
- Selected miscellaneous court opinions that I have found to be interesting.
OTHER INFORMATIONAL WEBSITES BY JAY ADKISSON
- Captive Insurance - Licensed insurance companies formed by the parent organization to handle the insurance and risk management needs of the business, by the author of the best-selling book on the topic: Adkisson's Captive Insurance Companies.
- Asset Protection - The all-time best-selling book on asset protection planning by Jay Adkisson and Chris Riser.
- Creditor-Debtor Law - An explanation of common creditor remedies, strategies and tactics to enforce a judgment, including a discussion of common debtor asset protection strategies.
- Voidable Transactions - Discussion of the Uniform Voidable Transactions Act (a/k/a 2014 Revision of the Uniform Fraudulent Transfers Act) and fraudulent transfer law in general.
- Private Retirement Plans - An exploration of a unique creditor exemption allowed under California law which can be very beneficial but is often misused.
- Charging Orders - The confusing remedy against a debtor's interest in an LLC or partnership is explained in reference to the Uniform Partnership Act, the Uniform Limited Partnership Act, and the Uniform Limited Liability Company Act.
- Protected Series - An examination of the single most complex statutory legal structure yet created, with particular reference to the Uniform Protected Series Act of 2017.
- California Enforcement of Judgments Law - Considers the topic of judgment enforcement in California, including the California Enforcement of Judgments Law and other laws related to California creditor-debtor issues.
- Anti-SLAPP Laws - A collection of and commentary about Anti-SLAPP laws and significant court decisions on the subject within the United States.
Contact Jay Adkisson:
Las Vegas Office: 6671 S. Las Vegas Blvd., Suite 210, Las Vegas, NV 89119, Ph: 702-953-9617, Fax: 877-698-0678. By appointment only.
Newport Beach Office: 100 Bayview Circle, Suite 210, Newport Beach, California 92660. Ph: 949-200-7773, Fax: 877-698-0678. By appointment only.
Phone: 702-953-9617 E:Mail: jay [at] jayad.com
Unless a dire emergency, please send me an e-mail first in lieu of calling to set up a telephone appointment for a date and time certain.
Social Media Contact: Twitter and LinkedIn
Admitted to practice law in Arizona, California, Nevada, Oklahoma and Texas.
Jay is a Managing Partner of Adkisson Pitet LLP.
© 2021 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