Charging Order against a LLC???

[davecove]

I know that, for the most part, in the case of a limited partnership, a creditor's only remedy against a partner is a charging order against that partner's possible future disbursements from that partnership.

Is it the same for members in a LLC?
Does it depend on the state? (if so, how about Nevada LLCs?)
If a member of an LLC lives in, say, Texas or Colorado, and gets in a car wreck in their home state, and gets sued, which state's charging order rules apply?

Dave

 

[ALawyer]

What is the factual situation? Are you trying to avoid liability or to collect? And no, LLCs are different from LTD PARTNERSHIPS

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[davecove]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALawyer:
What is the factual situation? Are you trying to avoid liability or to collect? And no, LLCs are different from LTD PARTNERSHIPS

<HR></BLOCKQUOTE>

There is no situation yet... the wife and I are trying to structure our affairs so as to avoid having our assests taken by possible future suits. I was exploring the possibility of using a LLC instead of a FLP, since it seems that they are sometimes treated alike in the area of charging orders.

 

[davecove]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALawyer:
What is the factual situation? Are you trying to avoid liability or to collect? And no, LLCs are different from LTD PARTNERSHIPS

<HR></BLOCKQUOTE>

There is no situation yet... the wife and I are trying to structure our affairs so as to avoid having our assests taken by possible future suits. I was exploring the possibility of using a LLC instead of a FLP, since it seems that they are sometimes treated alike in the area of charging orders.