(4) ... the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation ; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature.... 335 Ga. App. 155, 156, 779 S.E.2d 136 (2015) (citing OCGA § 14-11-601.1(b) ). Just like in the case at bar, in Crumpton , a party contended that an individual who filed a petition seeking dissolution of the limited liability company ceased to be a member of the company upon the filing of that petition.
Here, our interpretation comports with all existing federal and state court decisions, applying similarly worded statutes, finding that only a member’s filing a petition to reorganize itself (rather than to reorganize the LLC) triggers an act of withdrawal. See Oliver v. Johanson, 329 F. Supp. 3d 684, 689-91 (W.D. Ark. 2018) (applying an Arkansas statute providing for withdrawal when a member "files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation" and finding withdrawal did not occur when an LLC member petitioned to dissolve the LLC) (emphasis added); Crumpton v. Vick’s Mobile Homes, LLC, 335 Ga.App. 155, 779 S.E.2d 136, 137-39 (2015) (applying a Georgia statute providing for withdrawal when a person "files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief" and finding withdrawal did not occur when an LLC member petitioned to dissolve the LLC or otherwise pursue equitable relief or an accounting) (emphasis added); Crouse v. Mineo, 189 N.C.App. 232, 658 S.E.2d 33, 38-39 (2008) (applying a North Carolina statute providing for withdrawal when a person "[f]il[es] a petition or answer seeking for him any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief" and finding withdrawal did not occur when an LLC member petitioned to dissolve the LLC); Darwin Limes, LLC v. Limes, No. WD-06-049, 2007 WL 1378357 at *5-6 (Ohio Ct. App. 6 Dist. May 11, 2007) (applying an Ohio statute providing for withdrawal when a member "files a petition or answer in any reorganization, arrangement, comp