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Hawaii Revised Statutes 425E-703 - Rights of creditors of partners or transferees

 

Hawaii Revised Statutes > Division 2 > Title 23 > Chapter 425E > § 425E-703. Rights of creditors of partners or transferees


Current as of: 2010
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     (b)  A charging order constitutes a lien on the judgment debtor's transferable interest.  The court may order a foreclosure upon the interest subject to the charging order at any time.  The purchaser at the foreclosure sale has the rights of a transferee.

     (c)  At any time before foreclosure, an interest charged may be redeemed:

     (1)  By the judgment debtor;

     (2)  With property other than limited partnership property, by one or more of the other partners; or

     (3)  With limited partnership property, by the limited partnership with the consent of all partners whose interests are not so charged.

     (d)  This chapter shall not deprive any partner or transferee of the benefit of any exemption laws applicable to the partner's or transferee's transferable interest.

     (e)  This section provides the exclusive remedy by which a judgment creditor of a partner or transferee may satisfy a judgment out of the judgment debtor's transferable interest.

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