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· 8/3/1995

Samson v. Prokopf (In Re Smith)

Citations

  • 185 B.R. 285
  • 1995 Bankr. LEXIS 1059
  • 27 Bankr. Ct. Dec. (CRR) 751
  • 1995 WL 461850

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • acknowledging that limited partner’s right to share profits is personal property of the partner that is included in the bankruptcy estate
  • acknowledging that limited partner's right to share profits is personal property of the partner which is included in the bankruptcy estate
  • finding that limited partnership agreement should not be considered executory contract if limited partner is purely passive investor not owing substantial future performance to limited partnership
  • buyback provision in partnership agreement \does not create a performance obligation but merely constrains the manner by which a partner may liquidate his or her holdings\
  • “limited partner’s right to obtain dissolution of the partnership [is] a right which belongs to the individual partner and not to the partnership”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kenneth J. Meyers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.