§ 8853. Charging order.

495 words·~2 min read·/pa/title-15/chapter-88/8853

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- On application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. Except as provided in subsection (f), a charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that otherwise would be paid to the judgment debtor.

(b)Available relief.-- To the extent necessary to effectuate the collection of distributions pursuant to a charging order in effect under subsection (a), the court may:

(1)appoint a receiver of the distributions subject to the charging order, with the power to make all inquiries the judgment debtor might have made; and

(2)make all other orders necessary to give effect to the charging order.

(c)Foreclosure.-- Upon a showing that distributions under a charging order will not pay the judgment debt within a reasonable time, the court may foreclose the lien and order the sale of the transferable interest. Except as provided in subsection (f), the purchaser at the foreclosure sale only obtains the transferable interest, does not thereby become a member, and is subject to section 8852 (relating to transfer of transferable interest).

(d)Satisfaction of judgment.-- At any time before foreclosure under subsection (c), the member or transferee whose transferable interest is subject to a charging order under subsection

(a)may extinguish the charging order by satisfying the judgment and filing a certified copy of the satisfaction with the court that issued the charging order.

(e)Purchase of rights.-- At any time before foreclosure under subsection (c), a limited liability company or one or more members whose transferable interests are not subject to the charging order may pay to the judgment creditor the full amount due under the judgment and thereby succeed to the rights of the judgment creditor, including the charging order.

(f)Foreclosure against sole member.-- If a court orders foreclosure of a charging order lien against the sole member of a limited liability company:

(1)the court shall confirm the sale;

(2)the purchaser at the sale obtains the member's entire interest, not only the member's transferable interest;

(3)the purchaser thereby becomes a member; and

(4)the person whose interest was subject to the foreclosed charging order is dissociated as a member.

(g)Exemption laws preserved.-- This chapter shall not deprive any member or transferee of the benefit of any exemption laws applicable to the transferable interest of the member or transferee.

(h)Exclusive remedy.-- This section provides the exclusive remedy by which a person seeking to enforce a judgment against a member or transferee may, in the capacity of judgment creditor, satisfy the judgment from the judgment debtor's transferable interest.

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Cross References. Section 8853 is referred to in sections 8817, 8844, 8852, 8861, 8877 of this title.

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