For an application for a charging order, see form 27-23 in this chapter. This order assumes that the debtor and any other adverse parties have been given notice of the creditor’s application for a charging order and that a hearing will be held.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for charging order found at form 27-23. |
Charging Order
On [date] the Court considered Plaintiff’s Application for Charging Order.
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Recite appearances of counsel and parties as appropriate. |
The Court considered the pleadings, the evidence, and the argument of counsel and finds that—
1.Defendant is a partner in [name of limited partnership]; and
2.Plaintiff is entitled to a charging order against Defendant’s interest in [name of limited partnership].
It is therefore ORDERED that—
1.the interest of Defendant in [name of limited partnership] is subjected to a charging order in favor of and for the benefit of Plaintiff;
2.distributions owed or payable to Defendant by [name of limited partnership] be paid directly to Plaintiff; and
3.[name of limited partnership] will be discharged from its obligations to Defendant to the extent of any amounts so paid to Plaintiff, until the judgment against [name of defendant] entered in this cause is paid in full.
It is further ORDERED that Defendant deliver to Plaintiff true copies of the partnership agreement and true copies of any other agreements or documents evidencing the interest of Defendant in [name of limited partnership] and any distributions due or to become due to Defendant by reason of Defendant’s interest in [name of limited partnership].
SIGNED on ________________________________.
JUDGE PRESIDING
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When the order is entered, send a copy to the general partner of the limited partnership. |