RUPA and Liquidation by Sale

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

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