178.0504 Charging order.
(1) On application by a judgment creditor of a partner or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the partnership to pay over to the person to which the charging order was issued any distribution that otherwise would be paid to the judgment debtor.
(2) To the extent necessary to effectuate the collection of distributions pursuant to a charging order in effect under sub. (1), the court may do any of the following:
(a) Appoint a receiver of the distributions subject to the charging order, with the power to make all inquiries the judgment debtor might have made.
(b) Make all other orders necessary to give effect to the charging order.
(3) Upon a showing that distributions under a charging order will not pay the judgment debt within a reasonable time, the court may foreclose the lien and order the sale of the transferable interest. The purchaser at the foreclosure sale obtains only the transferable interest, does not thereby become a partner, and is subject to s. 178.0503.
(4) At any time before foreclosure under sub. (3), the partner or transferee whose transferable interest is subject to a charging order under sub. (1) may extinguish the charging order by satisfying the judgment and filing a certified copy of the satisfaction with the court that issued the charging order.
(5) At any time before foreclosure under sub. (3), a partnership or one or more partners whose transferable interests are not subject to the charging order may pay to the judgment creditor the full amount due under the judgment and thereby succeed to the rights of the judgment creditor, including the charging order.
(6) This chapter does not deprive any partner or transferee of the benefit of any exemption law applicable to the transferable interest of the partner or transferee.
(7) This section provides the exclusive remedy by which a person seeking, in the capacity of a judgment creditor, to enforce a judgment against a partner or transferee may satisfy the judgment from the judgment debtor's transferable interest.
History: 2015 a. 295.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 178 - Uniform partnership law.
178.0105 - Partnership agreement; scope, function, and limitations.
178.0108 - Signing of records to be delivered for filing to the department.
178.0109 - Liability for inaccurate information in filed record.
178.0111 - Delivery of record.
178.0112 - Signing and filing pursuant to judicial order.
178.0113 - Filing requirements.
178.0114 - Effective date and time.
178.0115 - Withdrawal of filed record before effectiveness.
178.0116 - Correcting filed record.
178.0117 - Duty of department to file; review of refusal to file; delivery of record by department.
178.0119 - Supplemental principles of law.
178.0120 - Fees; certified copies; filing false documents.
178.0121 - Certificate of status.
178.0201 - Partnership as entity.
178.0202 - Formation of partnership.
178.0203 - Partnership property.
178.0204 - When property is partnership property.
178.0301 - Partner agent of partnership.
178.0302 - Transfer of partnership property.
178.0303 - Statement of partnership authority.
178.0304 - Statement of denial.
178.0305 - Partnership liable for partner's actionable conduct.
178.0306 - Partner's liability.
178.0307 - Actions by and against partnership and partners.
178.0308 - Liability of purported partner.
178.0401 - Partner's rights and duties.
178.0403 - Form of contribution.
178.0404 - Liability for contribution.
178.0405 - Sharing of and right to distributions before dissolution.
178.0406 - Limitations on distributions by limited liability partnership.
178.0407 - Liability for improper distributions by limited liability partnership.
178.0408 - Rights to information of partners and persons dissociated as partner.
178.0409 - Standards of conduct for partners.
178.0410 - Actions by partnership and partners.
178.0411 - Continuation of partnership beyond definite term or particular undertaking.
178.0501 - Partner not co-owner of partnership property.
178.0502 - Nature of transferable interest.
178.0503 - Transfer of transferable interest.
178.0505 - Power of legal representative of deceased partner.
178.0601 - Events causing dissociation.
178.0602 - Power to dissociate as partner; wrongful dissociation.
178.0603 - Effect of dissociation.
178.0701 - Purchase of interest of person dissociated as partner.
178.0702 - Power to bind and liability of person dissociated as partner.
178.0703 - Liability of person dissociated as partner to other persons.
178.0704 - Statement of dissociation.
178.0705 - Continued use of partnership name.
178.0801 - Events causing dissolution.
178.0803 - Rescinding dissolution.
178.0804 - Power to bind partnership after dissolution.
178.0805 - Liability after dissolution of partner and person dissociated as partner.
178.0806 - Disposition of assets in winding up; when contributions required.
178.0807 - Known claims against dissolved limited liability partnership.
178.0808 - Claims against dissolved limited liability partnership generally.
178.0901 - Statement of qualification.
178.09031 - Grounds for revocation.
178.09032 - Procedure for and effect of administrative revocation.
178.0904 - Reinstatement following administrative revocation.
178.0905 - Appeal from denial of reinstatement.
178.0906 - Reservation of name.
178.0907 - Registration of name.
178.0908 - Registered agent and registered office.
178.0909 - Change of registered agent or registered office by limited liability partnership.
178.0910 - Resignation of registered agent.
178.0911 - Change of name or address by registered agent.
178.0912 - Service of process, notice, or demand.
178.0913 - Annual report for department.
178.1002 - Registration to do business in this state.
178.1003 - Foreign registration statement.
178.1004 - Amendment of foreign registration statement.
178.1005 - Activities not constituting doing business.
178.1006 - Noncomplying name of foreign limited liability partnership.
178.1009 - Transfer of registration.
178.10101 - Grounds for revocation.
178.10102 - Procedure for and effect of revocation.
178.10103 - Appeal from revocation.
178.1011 - Withdrawal of registration of registered foreign limited liability partnership.
178.1012 - Action by attorney general.
178.1102 - Relationship of subchapter to other laws.
178.1105 - Reference to external facts.
178.1123 - Approval of merger; amendment; abandonment.
178.1124 - Filings required for merger; effective date.
178.1131 - Interest exchange authorized.
178.1132 - Plan of interest exchange.
178.1133 - Approval of interest exchange; amendment; abandonment.
178.1134 - Filings required for interest exchange; effective date.
178.1135 - Effect of interest exchange.
178.1141 - Conversion authorized.
178.1142 - Plan of conversion.
178.1143 - Approval of conversion; amendment; abandonment.
178.1144 - Filings required for conversion; effective date.
178.1145 - Effect of conversion.
178.1151 - Domestication authorized.
178.1152 - Plan of domestication.
178.1153 - Approval of domestication; amendment; abandonment.
178.1154 - Filings required for domestication; effective date.
178.1161 - Restrictions on approval of mergers, interest exchanges, conversions and domestications.
178.1201 - Uniformity of application and construction.
178.1202 - Relation to electronic signatures in global and national commerce act.