A debtor’s LLC membership interest is treated differently in state court collection proceedings than it is in bankruptcy. In state court collections a judgment creditor’s remedy to execute a judgment against a multi-member LLC is limited to a charging lien. The lien gives the creditor a right to receive any distributions of money or property from the LLC to the debtor member.
Bankruptcy trustees have greater rights against the bankruptcy debtors LLC membership interest. The general rule is that a trustee can sell the debtor’s right to distributions. The trustee is not limited to a charging lien and does not have to wait until the LLC actually makes a distribution. In ad