AOK Property Investments, LLC v. Boudreaux (2020)
Citation: 308 So. 3d 1214, No. 20-C-237, December 9, 2020. The complete seven-page court-issued PDF includes four numbered opinion pages, cover, counsel and delivery certificate. Official opinion.
Facts And Disposition
A judgment creditor sought to revoke transfers and restore the debtor’s sole LLC membership, intending to seize the entire interest. The parties limited summary judgment to whether charging-order law precluded that ordinary single-member seizure. The appellate court granted supervisory relief, reversed and rendered summary judgment for the debtor. It did not finally adjudicate the revocatory action. Opinion, pp. 1–4.
Holding And Limits
R.S. 12:1331 gives a charging creditor only assignee rights. Sections 1330–1332 separate financial benefits from management rights and admission as member. The court rejected reliance on Florida’s historical Olmstead rule and held the charging remedy exclusive because no reverse piercing occurred in this matter, precluding ordinary seizure of the single-member interest. It does not authorize ownership of LLC assets, decide a reverse-piercing claim or resolve a consensual security-interest foreclosure. Opinion, pp. 2–4.
Subsequent Treatment Actually Checked
The full judicial text of Bourgeois v. Lopez, No. 2024-CC-01378 (La. February 28, 2025), cites AOK for the financial/management distinction and records writ denial, No. 2021-00002, March 2, 2021, 311 So. 3d 1051. Bourgeois reverses denial of continued management/inspection rights; that is not a new seizure holding. This later citation and writ-history recital are verified on an unofficial reproduction; the denial order itself was not independently retrieved. Full Bourgeois text.
needs_verification: comprehensive subsequent treatment and exceptional applications
remain open. Full-opinion verification is not a good-law certification.
Final review, October 18, 2026: the official Fifth Circuit PDF was re-fetched; its bytes are identical to the October 17 copy, and the holding above is unchanged.
Applies In →
louisiana, equity-interests-stock-llc-charging-orders, businesses-and-going-concerns.
Legal information, not legal advice. Consult a licensed attorney for advice about a specific situation.