Asset Protection in the Partnership Context: What’s All the Hoopla?
(The Florida Bar Journal, Volume LXVIII, No. 2, February 1994)
This article analyzes whether, under Florida law, property transferred to a partnership is actually protected from the claims of creditors of a general or limited partner. In addition, this article examines the various arguments which a partner’s creditor may use to levy against property owned by a partnership and whether a creditor should obtain a charging order or an assignment of the debtor partner’s interest in a partnership. Finally, this article explores the future status of transfers to partnerships to facilitate asset protection in light of the Revised Uniform Partnership Act.