Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1152
Barcode 526356
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/25/2011 .
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The Committee on Banking and Insurance (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 124 and 125
4 insert:
5 (8) In the case of a limited liability company having more
6 than one member, the remedy of foreclosure on a judgment
7 debtor’s interest in such limited liability company or against
8 rights to distribution from such limited liability company is
9 not available to a judgment creditor attempting to satisfy the
10 judgment and may not be ordered by a court.
11 (9) This section does not limit:
12 (a) The rights of a creditor that has been granted a
13 consensual security interest in a limited liability company
14 interest to pursue the remedies available to such secured
15 creditor under other law applicable to secured creditors;
16 (b) The principles of law and equity which affect
17 fraudulent transfers;
18 (c) The availability of the equitable principles of alter
19 ego, equitable lien, or constructive trust, or other equitable
20 principles not inconsistent with this section; or
21 (d) The continuing jurisdiction of the court to enforce its
22 charging order in a manner consistent with this section.
23
24 ================= T I T L E A M E N D M E N T ================
25 And the title is amended as follows:
26 Between lines 11 and 12
27 insert:
28 providing that, in the case of a multimember limited
29 liability company, certain remedies are unavailable to
30 a judgment creditor attempting to satisfy a judgment;
31 prohibiting a court from ordering such remedies;
32 providing for construction relating to secured
33 creditor rights, specified principles of law and
34 equity, and continuing enforcement jurisdiction of the
35 court;