Judicial Foreclosure Of An Alleged Single-Member Florida LLC Fails In Saadi
This case is a pee wee in the sense that it involves a relatively small amount of dollars and required only abbreviated analysis by the court. That should not, however, distract from the larger issue, which is how easy it is for a debtor to come up with just enough facts to defeat a determination that the debtor is the sole member of an LLC. Essentially, whatever the true facts, a debtor need only create a reasonable suspicion in the mind of the judge that the debtor might not be the single-member, so as to avoid foreclosure of the debtor's interest.