Archive:June 18, 2020

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Delaware Court of Chancery Imposes Charging Order on Distributions Related to Defendant’s LLC Membership Interest

Delaware Court of Chancery Imposes Charging Order on Distributions Related to Defendant’s LLC Membership Interest

By: Scott E. Waxman and Serena M. Hamann

In GFM ELCM Fund L.P. et al. v. ELCM HCRE GP LLC et al., C.A. No. 2018-0840-SG (Del. Ch. May 18, 2020), the Delaware Court of Chancery issued a Temporary Restraining Order (“TRO”) and imposed an Interim Charging Order on the limited liability company interest of an individual defendant and ordered that any distributions related to the defendant’s membership interest be made directly to the Plaintiffs in satisfaction of amounts due.

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