Judgment Collection

Court Permits Creditor Foreclosure Of Debtor Interest In Single Member Delaware LLC

A debtor owned a series of single member Delaware limited liability company. Delaware law provides that the charging lien is the exclusive creditor remedy to attack all LLCs regardless of the number of members. Most other states including Florida  provide that a creditor can foreclose the debtor’s interest in a…

Asset Freezes — When Court Can Freeze Defendant’s Assets During Litigation And Prior To Final Judgment

Debtors fear court imposed asset freezes prior to judgment. If a creditor can convince a court to freeze a debtor’s assets after the creditor files a lawsuit but before the cases is decided and judgment is entered the debtor cannot engage in further asset protection planning. For instance, a court…