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Liability of a Partner - When Can You Collect From the Partner if the Partnership Does Not Pay?

In this case, a judgment creditor sought to collect the judgment from individual partners after the insolvent partnership judgment debtor could not pay. The trial court found that American Star’s claim was precluded by the statute of limitations, and the Amarillo Court of Appeals affirmed. The issue in this review is “whether Texas Partnership law requires a plaintiff seeking to enforce a partner’s liability for a partnership debt to sue the partner within the limitations period on the underlying claim against the partnership.” The Supreme Court holds that the limitations period against an individual partner does not begin until the final judgment against the partnership is entered.

Read the case note in Related Content, below.  Read the full case HERE.  

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