If a general partnership and any of its partners are simultaneously declared bankrupt, the creditors of the partnership may only assert in the bankruptcy of the partner that part of their claims that remained unpaid in the bankruptcy of the partnership. The provisions of Articles 216 and 217 apply with regard to the payment of this residual debt by the individual partners.
If bankruptcy proceedings are instituted against a partner but not simultaneously against the partnership, the creditors of the partnership may assert their claims in full in the bankruptcy of the partner. The bankruptcy estate is entitled to the rights of recourse granted by Article 215 to the bankruptcy estate of a surety.
Paragraphs 1 and 2 applymutatis mutandis to partners with unlimited liability in a limited partnership.1
Footnotes
Inserted by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1). ↩
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