Given the historical framework of charging orders, it may be argued that their protection should not extend to single member LLCs ( there are no other partners to protect from the creditor ).
32.
The rationale behind the charging order applied initially only to general partnerships, where every partner was involved in carrying on the business of the partnership; it did not apply to corporations because of their centralized management structure.
33.
In deciding whether to make a charging order the court shall consider all the circumstances and in particular any evidence as to the personal circumstances of the debtor and whether any other creditor would be likely to be unduly prejudiced.
34.
Before the advent of the charging order, a creditor pursuing a partner in a partnership was able to obtain from the court a writ of execution directly against the partnership s assets, which led to the seizure of such assets by the sheriff.
35.
In 2006 the courts approved 72 per cent of applications from lenders to secure customers'debts against their homes, up from 60 per cent in 2000 . " On Sunday 13 April 2008 the Sunday Mirror reported " An alarming 97, 017'charging orders'were made in 2007-up from 66, 911 in 2006 . " ?/s>The application for a charging order is made to the appropriate court normally without notice and considered by a judge without a hearing who will normally make an interim charging order ( formerly a charging order nisi ) and after a subsequent hearing on notice a final charging order ( formerly a charging order absolute ) can be made.
36.
The application for a charging order is made to the appropriate court normally without notice and considered by a judge without a hearing who will normally make an interim charging order ( formerly a charging order nisi ) and after a subsequent hearing on notice a final charging order ( formerly a charging order absolute ) can be made.
37.
The application for a charging order is made to the appropriate court normally without notice and considered by a judge without a hearing who will normally make an interim charging order ( formerly a charging order nisi ) and after a subsequent hearing on notice a final charging order ( formerly a charging order absolute ) can be made.
38.
The application for a charging order is made to the appropriate court normally without notice and considered by a judge without a hearing who will normally make an interim charging order ( formerly a charging order nisi ) and after a subsequent hearing on notice a final charging order ( formerly a charging order absolute ) can be made.
39.
The application for a charging order is made to the appropriate court normally without notice and considered by a judge without a hearing who will normally make an interim charging order ( formerly a charging order nisi ) and after a subsequent hearing on notice a final charging order ( formerly a charging order absolute ) can be made.
