(a) If a judgment creditor of a limited liability company member applies to a court of competent jurisdiction, the court may charge the member’s limited liability company interest for payment of the unsatisfied amount of the judgment.
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Terms Used In Alaska Statutes 10.50.380

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) To the extent a limited liability company interest is charged under (a) of this section, the judgment creditor has only the rights of an assignee of the member’s interest.
(c) This section provides the exclusive remedy that a judgment creditor of a member or a member’s assignee may use to satisfy a judgment out of the judgment debtor’s interest in the limited liability company. Other legal or equitable remedies, including foreclosure on the member’s limited liability company interest and a court order for directions, accounts, and inquiries that the debtor member might have made, are not available to the judgment creditor attempting to satisfy a judgment out of the judgment debtor’s interest in the limited liability company and may not be ordered by a court.
(d) This section does not deprive a member of the benefit of an exemption applicable to the member’s membership interest.
(e) This section applies to limited liability companies with only one member as well as to limited liability companies with more than one member.
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