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.
Articles on Charging Orders
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
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
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
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