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Kentucky · Snapshot 09/05/2026

KRS 362.1-504: Partner's transferable interest subject to charging order.

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Where this section sits in the code

    (1) This section provides the exclusive remedy by which the judgment creditor of a

    partner or the transferee of a partner may satisfy a judgment out of the

    judgment debtor's transferable interest.

    (2) On application to a court of competent jurisdiction by a judgment creditor of a

    partner or a partner's transferee, a court may charge the transferable interest of

    the judgment debtor with payment of the unsatisfied amount of the judgment.

    To the extent so charged, the judgment creditor has only the rights of a

    transferee and shall have no right to participate in the management of or to

    cause the dissolution of the partnership. The court may appoint a receiver of

    the share of the distributions due or to become due to the judgment debtor in

    respect of the partnership and make all other orders, directions, accounts, and

    inquiries the judgment debtor might have made or which the circumstances of

    the case may require to give effect to the charging order.

    (3) A charging order constitutes a lien on and the right to receive distributions

    made with respect to the judgment debtor's transferable interest in the

    partnership.

    (4) The court may order a foreclosure of the interest subject to the charging order

    at any time. The purchaser at the foreclosure sale has the rights of a

    transferee. A charging order does not of itself constitute an assignment of the

    transferable interest.

    (5) At any time before foreclosure, an interest charged may be redeemed:

    (a) By the judgment debtor;

    (b) With property other than partnership property, by one (1) or more of the

    other partners; or

    (c) With partnership property, by one (1) or more of the other partners with

    the consent of all of the partners whose interests are not so charged.

    (6) This subchapter does not deprive a partner or a partner's transferee of a right

    under exemption laws with respect to the partner's or transferee's interest in

    the partnership.

    (7) The partnership is not a necessary party to an application for a charging order.

    Service of the charging order on a partnership may be made by the court

    granting the charging order or as the court may otherwise direct.

    (8) This section shall not apply to the enforcement of a judgment by a partnership

    against a partner of that partnership.

    (9) This section shall apply to the issuance of a charging order against the interest

    of a partner or transferee of a partner of a foreign partnership.

    Collected 2026-09-05T20:58:57Z. Source file · JSON

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