United States Tenth Circuit

In bankruptcy adversary proceedings by the trustee seeking to dissolve a family limited partnership in which debtor owned a 99% limited partnership interest at the time the bankruptcy proceeding commenced, the bankruptcy appellate panel's order prohibiting the trustee from dissolving the partnership is affirmed where the bankruptcy court clearly erred in finding the partnership could no longer carry on its business in conformity with the partnership agreement. Moreover, the bankruptcy court's order permitting the trustee to withdraw from the partnership is affirmed where the agreement entitled the limited partner to withdraw by making a buy/sell offer.

Appellate Information

• Decided 01/26/2010
• Published 01/26/2010

Judges

Court

• United States Tenth Circuit

Counsel