Colorado § 7-60-128 Interest subject to charging order

Colorado Statutes

§ 7-60-128 — Interest subject to charging order

Colorado·Title 07 Corporations·Art. Uniform Partnership Law

(1)On due application to a court of competent jurisdiction by any judgment creditor of a partner, the court that entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of the judgment with interest thereon; and may then or later appoint a receiver of the debtor partner's share of the profits and of any other money due or to fall due to the debtor partner in respect of the partnership and make all other orders, directions, accounts, and inquiries that the debtor partner might have made, or that the circumstances of the case may require.

(2)The interest charged may be redeemed at any time before foreclosure or, in case of a sale being directed by the court, may be purchased without thereby

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(1) On due application to a
court of competent jurisdiction by any judgment creditor of a partner, the court that
entered the judgment, order, or decree, or any other court, may charge the interest
of the debtor partner with payment of the unsatisfied amount of the judgment with
interest thereon; and may then or later appoint a receiver of the debtor partner's
share of the profits and of any other money due or to fall due to the debtor partner
in respect of the partnership and make all other orders, directions, accounts, and
inquiries that the debtor partner might have made, or that the circumstances of the
case may require.

(2) The interest charged may be redeemed at any time before foreclosure or,
in case of a sale being directed by the court, may be purchased without thereby
causing a dissolution:

(a) With separate property by any one or more of the partners; or

(b) With partnership property by any one or more of the partners with the
consent of all the partners whose interests are not so charged or sold.

(3) Nothing in this article shall be held to deprive a partner of the partner's
right, if any, under the exemption laws, as regards the partner's interest in the
partnership.

Colorado § 7-60-128 (Interest subject to charging order) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 31: p. 659, � 28. CSA: C. 123, � 28. CRS 53: � 104-1-28. C.R.S. 1963: � 104-1-28. L. 2004: (1) and (3) amended, p. 1427, � 87, effective July 1.