Share on LinkedInShare on LinkedIn

ARTICLE · 14 SEPTEMBER 2015

More Confusion On Charging Orders

Earthgrains held a judgment in the range of $6,000,000 against Sycamore Family Bakery and Leland Sycamore, its 48% member.

United StatesLitigation, Mediation & Arbitration

As previously noted (HERE IS A LINK to that posting), recently the Colorado Court of Appeals held that a charging order issued by a foreign court could be enforced in Colorado against a Colorado LLC only if it, in addition to the judgment for whose enforcement it was entered, were domesticated in Colorado. In effect, the court held that a charging order entered by a foreign court against an interest in a Colorado LLC could not be enforced absent domestication of the charging order.

Fine, but now a decision from the U.S. District Court in Utah has, in effect, held to the reverse. Earthgrains Baking Companies, Inc. v. Sycamore Family Bakery Inc., Case No 2:09CV523DAK, 2015 WL 5009376 (D. Utah Aug. 21, 2015).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from