LLC Charging Orders: Creditor and Debtor Perspectives

Agenda / Content Covered

• Charging Order Pros, Cons, and Procedure
• Creditor Rights, Remedies, and Limitations
• Charging Orders and Single Member LLCs
• Bankruptcy Implications
• Protecting LLCs from Charging Orders
• What Can the Other Members Do?
• Key Differences Across the States

Accreditation Details:

ERIC C. BOUGHMAN is a co-founder of ForsterBoughman, where his practice encompasses a wide range of legal issues affecting businesses and entrepreneurs, including corporate governance matters, business disputes, internet, software, and technology issues, and asset protection. Mr. Boughman manages the firm’s expansive multi-state and international asset recovery and defense practice. He has broad analytical experience regarding the protection and pursuit of tangible and digital assets. Mr. Boughman has represented clients ranging from multinational corporations to local business owners in all phases of the legal dispute process, including mediation, arbitration, administrative tax and licensing proceedings, trials, and appeals. He has served as general counsel to an off-shore technology company and regularly counsels tech companies, both foreign and domestic. Mr. Boughman also handles issues dealing with internet advertising, technology licensing and copyright concerns, software and cloud-based systems, internet defamation, data and privacy, cryptocurrencies, blockchain and smart contracts, and other technical issues that affect clients doing business in cyberspace. Mr. Boughman has been admitted to practice law in Florida and Nevada, as well as in the U.S. Tax Court, and pro hac vice for matters in various other states. He is a member of the American Bar Association’s Business Law Section, Cyberspace Law Committee, Robotics and Artificial Intelligence Subcommittee, and the Cyberspace Current Law Task Force, as well as the Real Property, Trust and Estate Law, Asset Protection Planning Committee. He earned his undergraduate degree from the University of Maryland and his J.D. degree, magna cum laude, from the University of Minnesota Law School.

GARY A. FORSTER is managing partner and co-founder of ForsterBoughman. His practice includes domestic and international corporate, asset protection, tax and estate planning law. Mr. Forster handles a variety of corporate and personal planning matters. He is the author of two books. In 2013, he wrote Asset Protection for Professionals, Entrepreneurs and Investors, a guide to asset protection strategies for clients and their financial advisors, now in its second edition. In 2020 Mr. Forster finished the second edition of The U.S. Estate and Gift Tax and the Non-Citizen, which explains how resident and non-resident foreign nationals are impacted by the U.S. estate and gift tax. Mr. Forster's legislative amendments were adopted as Section 43A of the new Nevis LLC Ordinance - Nevis Limited Liability Company (Amendment) Ordinance, 2015. He earned a B.A. degree from Tufts University, graduating cum laude with majors in economics and Spanish literature and he received his J.D. degree from the University of Florida College of Law, graduating with honors. Mr. Forster continued his studies as a graduate fellow at the University of Florida College of Law, Masters of Taxation program, earning an LL.M. degree. His education also includes studies at the University of Madrid, Oxford University and Leiden University in the Netherlands. Mr. Forster is a member of The Florida Bar, including bar sections for international and tax law, and the District of Columbia Bar, including bar sections for international and tax law. He is licensed to practice in the U.S. Tax Court and is a member of the American Bar Association Asset Protection Planning Committee.