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The <i>Ashley Albright </i>Case: A Mixed Message About LLC Business Asset Protection

On April 4, 2003, the United States Bankruptcy Court for the District of Colorado rendered its decision in <i>In re: Ashley Albright</i>. In the case of single-member LLCs, the <i>Albright</i> decision seriously weakens an important LLC business organization law feature often referred to by LLC practitioners as "business asset protection." In the case of multi-member LLCs, the decision significantly strengthens this feature. As discussed below, the decision has important implications not only in entity formation practice generally but also for the VC/PE community.

7 minute read June 01, 2003 at 11:49 PM
By
John Cunningham
The <i>Ashley Albright </i>Case: A Mixed Message About LLC Business Asset Protection

On April 4, 2003, the United States Bankruptcy Court for the District of Colorado rendered its decision in In re: Ashley Albright, Debtor, Case No. 01-11367 ABC, Chapter No. 7 (2003 Bankr.

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