This order allowed insolvent partnerships
to be wound up as an "unregistered" company.
The Order allows a petitioning
creditor to:
- Wind up the insolvent partnership
only or
- Wind up the insolvent partnership
and/or present a separate petition against two or more partners
- Without winding up the partnership,
present bankruptcy petitions against one or more partner
- Without winding up the partnership,
present bankruptcy petitions against all partners.
Partners if all agreed, can petition
for their own bankruptcy which will result in the Trustee
winding up the partnership.
Because creditors have so many different
alternatives available to them to extract money from a partnership,
it is clear that early professional advice is needed for you
to consider what is best for your partnership.
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