{"data":{"id":"us-ky/krs-362.285","jurisdiction":"us-ky","citation":"KRS 362.285","heading":"Partner's interest subject to charging order.","body":"(1) This section provides the exclusive remedy by which the judgment creditor of a\npartner or the transferee of a partner may  satisfy a judgment out of the\njudgment debtor's transferable interest.\n(2) On  application to a court of competent jurisdiction by a judgment creditor of a\npartner or a partner's transferee, a court may charge the transferable interest of\nthe judgment debtor with payment of the unsatisfied amount of the judgment.\nTo  the extent so charged, the judgment creditor has only the rights of a\ntransferee and shall have no right to participate in the management  of or to\ncause the dissolution of the partnership. The court may appoint a receiver of\nthe share of the distributions due or to become  due to the judgment debtor in\nrespect of the partnership and make all other orders, directions, accounts, and\ninquiries the judgment debtor might have made or which the circumstances of\nthe case may require to give effect to the charging order.\n(3) A  charging order constitutes a lien on and the right to receive distributions\nmade  with respect to the judgment debtor's transferable interest in the\npartnership.\n(4) The court may order a foreclosure of the interest subject to the charging order\nat any time. The  purchaser at the foreclosure sale has the rights of a\ntransferee. A charging order does not of itself constitute an assignment of the\ntransferable interest.\n(5) At any time before foreclosure, an interest charged may be redeemed:\n(a) By the judgment debtor;\n(b) With property other than partnership property, by one (1) or more of the\nother partners; or\n(c) With partnership property, by one (1) or more of the other partners with\nthe consent of all of the partners whose interests are not so charged.\n(6) This section does not deprive a partner of a right under exemption laws with\nrespect to the partner's interest in the partnership.\n(7) The partnership is not a necessary party to an application for a charging order.\nService of the charging order on a partnership may  be made  by the court\ngranting the charging order or as the court may otherwise direct.\n(8) This section shall not apply to the enforcement of a judgment by a partnership\nagainst a partner of that partnership.\n(9) This section shall apply to the issuance of a charging order against the interest\nof a partner or assignee of a partner of a foreign partnership.","path":["KRS Chapter 362"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47086","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:55Z","sha256":"70dad6790491919f4ae3f106be33ba283c27196100a6e5dd6a7bf8561f89e39e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-362.280","next":"us-ky/krs-362.290"},"notice":"GroundRules: Original legal text. Not legal advice."}
