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Session Laws, 1975
Volume 716, Page 1939   View pdf image
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MARVIN MANDEL, Governor

1939

ADDITIONAL AMOUNT NECESSARY TO PAY THE LIABILITIES.

(5) AN ASSIGNEE FOR THE BENEFIT OF CREDITORS OR ANY
PERSON APPOINTED BY THE COURT SHALL HAVE THE RIGHT TO
ENFORCE THE CONTRIBUTIONS SPECIFIED IN PARAGRAPH (4) OF
THIS SECTION,

(6) ANY PARTNER OR HIS LEGAL REPRESENTATIVE SHALL
HAVE THE RIGHT TO ENFORCE THE CONTRIBUTIONS SPECIFIED IN
PARAGRAPH (4) OF THIS SECTION, TO THE EXTENT OF THE
AMOUNT WHICH HE HAS PAID IN EXCESS OF HIS SHARE OF THE
LIABILITY.

(7)   THE INDIVIDUAL PROPERTY OF A DECEASED PARTNER
SHALL BE LIABLE FOR THE CONTRIBUTION SPECIFIED IN
PARAGRAPH (4) OF THIS SECTION.

(8)   WHEN PARTNERSHIP PROPERTY AND THE INDIVIDUAL
PROPERTIES OF THE PARTNERS ARE IN THE POSSESSION OF A
COURT FOR DISTRIBUTION, PARTNERSHIP CREDITORS SHALL HAVE
PRIORITY ON PARTNERSHIP PROPERTY AND SEPARATE CREDITORS
ON INDIVIDUAL PROPERTY, SAVING THE RIGHTS OF LIEN OR
SECURED CREDITORS AS HERETOFORE.

(9)    WHERE A PARTNER HAS BECOME BANKRUPT OR HIS
ESTATE IS INSOLVENT, THE CLAIMS AGAINST HIS SEPARATE
PROPERTY SHALL RANK IN THE FOLLOWING ORDER:

(I)   THOSE OWING TO SEPARATE CREDITORS;

(II)  THOSE OWING TO PARTNERSHIP CREDITORS; AND

(III)     THOSE OWING TO PARTNERS BY WAY OF
CONTRIBUTION.

REVISOR'S NOTE: This section presently appears as
Art. 73A, §40. Cross—references are
conformed.

The word "and" is added at the end of each of
paragraphs (1) (i), (2) (iii) , and (9) (ii) of
this section.

In paragraph (6) of this section, the phrase
"specified in" is substituted for "specified
to" to conform to the more correct language
proposed by the National Conference of
Commissioners on Uniform Laws.

The only changes are technical changes in
punctuation.

9-612. LIABILITY OF PERSONS CONTINUING THE BUSINESS IN
CERTAIN CASES.

 

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Session Laws, 1975
Volume 716, Page 1939   View pdf image
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