In settling accounts between the partners after dissolution the following rules must be observed, subject to any agreement to the contrary:
(1) the assets of the partnership are:
(a) the partnership property and
(b) the contributions of the partners specified in item (4);
(2) the liabilities of the partnership shall rank in order of payment, as follows:
(a) those owing to creditors other than partners,
(b) those owing to partners other than for capital and profits,
(c) those owing to partners in respect of capital, and
(d) those owing to partners in respect of profits;
(3) the assets must be applied in the order of their declaration in item (1) to the satisfaction of the liabilities;
(4) except as provided in Section 33-41-370(B):
(a) the partners shall contribute, as provided by Section 33-41-510, the amount necessary to satisfy the liabilities; and
(b) if any, but not all, of the partners are insolvent or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities;
(5) an assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in item (4);
(6) any partner or his legal representative shall have the right to enforce the contributions specified in item (4) to the extent of the amount which he has paid in excess of his share of the liability;
(7) the individual property of a deceased partner must be liable for the contributions specified in item (4);
(8) when partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors as provided by law; and
(9) when a partner has become bankrupt or his estate is insolvent the claims against his separate property must rank in the following order:
(a) those owing to separate creditors,
(b) those owing to partnership creditors, and
(c) those owing to partners by way of contribution.
HISTORY: 1962 Code Section 52-76; 1952 Code Section 52-76; 1950 (46) 1841; 1994 Act No. 448, Section 9.