Massachusetts General Laws

Mass. Gen. Laws ch. 108A, § 28 (2026)

Creditor's remedy to reach partner's interest in partnership

✓ current as of July 2026

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Section 28. (1) On due application to the superior court by any judgment creditor of a partner, such court may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which 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 chapter shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership.

Notes of Decisions

Cited in 2 cases, 1996–2006 · leading case: Nickless v. Aaronson (In re Katz), 341 B.R. 123 (Bankr. D. Mass. 2006).

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Nickless v. Aaronson (In re Katz), 341 B.R. 123 (Bankr. D. Mass. 2006). · cites it 3× “Count IV: M.G.L. c. 108A, § 28 The Chapter 7 Trustee seeks to use his strong arm powers under section 544 of the Bankruptcy Code in concert with M.”

USTrust v. Roffman ex rel. Raven Oak Trust, 6 Mass. L. Rptr. 181 (Mass. Super. Ct. 1996). “Moreover, even were USTrust not a judgment creditor, “the court unquestionably has the legal authority to charge the interest of the debtor partner under M.G.L.c. 108A, §28 or M.G.L.c. 109, §41, and to appoint a receiver under the inherent equitable or other statutory powers of…”

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