charging order

The charging order may be made subject to conditions.

A court, on the production of certain evidence, will make a charging order nisi and a hearing date is set.

Charging orders are created to enforce court judgments.

In 1988 the plaintiff applied for a charging order on the defendant's house in respect of damages, interest and costs.

Charging orders could not be made unless the debtor was in arrears with payments against the debt.

There has been a significant shift recently though with a huge increase in applications for charging orders and the orders being granted by the court.

A charging order is when the court places a 'charge' on the debtor's property, equivalent to the amount you are owed.

Part 4 makes some changes to attachment of earnings and charging orders to make recovery of debts more straightforward.

Historically charging orders were a last resort for creditors as the Courts were reluctant to grant them.

The reality of charging orders is that creditors can secure debts that they lent unsecured.

However, over the years the charging order protection was extended to limited partners and LLC members.

Another creditor of the shareholder subsequently obtained judgment against him and a charging order on the shares by way of equitable execution.

An authority may impose a non-profit charge for any service for which the Scottish Ministers have imposed a charging order.

Similar to the traditional liability shield commonly associated with limited liability entities, the protection of the charging order may be pierced by a creditor.

In that eventually the charging order limitation becomes a moot point, because the entity is no longer considered to have a separate legal identity from its owners.

Accordingly, other provisions of the Act relating to the assessment of benefit, charging orders burdens of proof and enforcement are also applicable.

Membership interests in LPs and partnership interests are afforded a significant level of protection through the charging order mechanism.

Both partnership statutes and limited liability company statutes (in most domestic and foreign jurisdictions that have these entity types) provide for charging orders.

The creditor had argued to no avail that because there were no "innocent" (non-debtor) partners to protect, the charging order protection should not apply.

Applications for Restraint Orders or Charging Orders are heard in the Crown Court.

Also, those considered as potentially making the title defeasible are encumbrances, e.g. charging orders, building orders and structure alteration.

A charging order can only be obtained in respect of an ascertained sum, but this would include a sum ordered to be paid at a future date.

If the court is satisfied at the hearing that the creditor is entitled to have a charge on the debtor's property it will grant a charging order absolute.

D. Colo. 2003), one bankruptcy court held that the charging order protection does not apply to single-member LLCs.

He could obtain a 'Charging Order' giving him a charge over Dunn's house so that when it was sold his debt was paid out of the proceeds.