Blogs

The LLC charging order may provide additional protection from creditors that doesn't exist with the traditional corporate structure.  Many states have statutes offering similar protection for LLPs, too.  However, it is becoming increasingly important to determine which states offer the strongest protection.  Sophisticated clients and their advisors are becoming increasingly savvy in keeping abreast of statutory and case law development in this area for clients who want maximum protection from creditors. A close review of a state's statute, and how its courts are interpreting that statute, are of paramount importance in an analysis. 

I've had quite a few requests over the past three weeks from other attorneys and a handful of CPAs for this article on charging order protection.  Thought I'd post the link here in case it is helpful for anyone else.  Let me know if you cannot open the link for any reason; I'll be glad to email you the article or link directly. It should also work if you copy and paste into your browser.

The link is: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2526543

Happy Holidays!

Marc.