Friday, March 8, 2019

Court Issues Charging Order, Avoids Question of Priority


Court Issues Charging Order, Avoids Question of Priority

      In a recent decision from a federal district court sitting in New Jersey, it both entered a charging order and determined it would not address the question of that charging order’s priority over an already existing lien. Government Employees Insurance Co. v. Hamilton Healthcare Center, P.C., Civ. No. 17-674, 2019 WL 251740 (D. N.J. Jan. 17, 2019).
      Various persons affiliated with the Hamilton Healthcare Center were found to have engaged in insurance fraud. A judgment exceeding $2.3 million was entered against them. One of those judgment debtors, Kahn, had ownership interests in Pennsauken Diagnostic Center, LLC and Professional Medical Resource Management, LLC. The judgment creditor sought a charging order against Kahn’s interest in each of those companies. In accordance with New Jersey law on charging orders, that charging order was awarded the judgment creditor.
      Apparently as a defense to the issuance of the charging order, it was asserted that the law firm Stark and Stark had a lien on Kahn’s interest in each of these LLCs, and those liens should have priority over the charging order addressed in this opinion. The court noted, however, that Stark and Stark is not a party to this case, and on that basis declined to address the priority of its lien over this charging order.

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