DiSalvo Properties, LLC v. Bluff View Commercial, LLC
Citation: 464 S.W.3d 243 (Mo. App. E.D. 2015). Topics: Sale procedure; business interests; charging orders.
Facts
A judgment creditor obtained charging orders against LLC membership interests and sought foreclosure and sheriff sale, asserting statutory authority or equitable power.
Holding and limits
Affirmed denial of both theories. Section 347.119 gives a charging creditor assignee rights; unlike the general-partnership statute, it does not authorize foreclosure. Equity cannot add that remedy to the statutory LLC scheme. The opinion distinguishes general partnerships and limited partnerships through §§358.280, 359.421 and 359.671; that discussion is not permission to sell the charged LLC interests. Full judicial opinion.
Reasoning and practical impact
Charging an economic distribution interest does not convey membership management rights or LLC-owned assets. No single-member exception is stated in §347.119. Opinion.
Treatment and currentness
Full eleven-page opinion verified against the current statutory scheme. Targeted later-treatment research is not a comprehensive citator or still-good-law certificate. See missouri.
▸ For Buyers / Operators — Compare the actual holding and statutory sale channel before relying on the transfer.
▸ For Owners / Debtors — Distinguish the verified remedy and disposition from issues the court did not decide.
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