This student article looks ambitious: Tiffany A. Hixon, Note, The Revised Uniform Partnership Act–Breaking Up (or Breaking Off) Is Hard To Do: Why the Right to “Liquidation” Does Not Guarantee a Forced Sale upon Dissolution of the Partnership, 31 W. New Eng. L. Rev. 797-831 (2009). Hixon argues that
… RUPA does not require a forced sale. * * * [C]ourts should consider a buyout as an alternative to a forced sale when implementing RUPA’s dissolution provision. [The RUPA] only guarantees a partner the right to receive his interest in cash. * * * [T]he term “liquidation” as used in the statute is ambiguous at best. As a result, courts are free to defer to their equitable powers and permit a buyout.
Id. at 800.
Gary rosin
Tags: liquidation, Partnerships