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Imprudent Post-Judgment Intervention by Foreign Spouse of Judgment Debtor Results in Charging Order against “Her” Ownership Interest in Limited Liability Company

In June, 2018, Murray I. Weiner obtained a judgment exceeding $550,000 against a member of a Limited Liability Company who the Court found had stolen money from the LLC.  To further his scheme, the judgment debtor had placed his membership interest in the LLC in his wife’s name. After the judgment was entered, to avoid the wrongdoer from getting away with his malfeasance, Mr. Weiner sought a charging order against the wife’s interest in the LLC.  Unfortunately, the wife lived in India and it would have been practically impossible to have her served. In a stroke of good fortune, to protect “her” membership interest in the LLC, the wife intervened, resolving the problem of having her served. After a hearing, the trial court imposed a constructive trust on the wife’s membership interest in the LLC.  The wife appealed the Court’s Order on various grounds.  In a detailed, strongly worded opinion, the Court of Appeals affirmed the trial court’s ruling for the firm’s LLC client.  The appeal was handled by Murray Weiner and Hilary Roland.

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