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Business Organizations Keyed to Bouchoux
In re Promedicus Health Group, LLP
Citation:416 B.R.389 (2009)
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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The question here is that of what definition of “insolvent” applies to a debtor that is a New York registered limited liability partnership. At the core of the disagreement is the fact that the protection from personal liability afforded to the members of a registered limited liability partnership (RLLP) in the State of New York does not extend to any negligent or wrongful act or misconduct committed by any partner, employee or agent of the RLLP. Thus, defendants are that a partnership without limited partners can only consist of general partners.
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