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Action against individual partners only

September 1997

45.200 Insolvency proceedings against an individual partner

A bankruptcy or winding up petition may be brought against an individual partner in respect of a partnership debt without issuing such a petition against other partners and without presenting a petition to wind up the partnership. Where one partner has entered into a voluntary arrangement, a bankruptcy order may still be made against another partner for a partnership debt (Schooler v Customs & Excise Commissioners [1995] 2 BCLC 610).

Notes: [art 19(5)]

[Back to Part 21 - Winding Up on a member's petition where concurrent petitions are presented against all members] [On to Part 23 - Joint bankruptcy petition presented by individual members without winding up the partnership]