- Court: Oregon Court of Appeals
- Area(s) of Law: Corporations
- Date Filed: 02-24-2022
- Case #: A171049
- Judge(s)/Court Below: Powers, J. for the Court; Ortega, P.J.; & Shorr, J.
- Full Text Opinion
Plaintiff appealed a judgment dismissing his claims seeking to dissolve a partnership with Defendant and liquidation of the partnership’s assets. The Court found Plaintiff did not have standing to seek a winding up of the partnership. Back in 2009, Plaintiff filed for bankruptcy and did not list the partnership interest in the bankruptcy. Defendant argued that the partnership was already dissolved by Plaintiff filing for bankruptcy. A partnership continues after dissociation for the purpose of winding up. The Court held that Plaintiff’s failure to list the partnership meant it could not be considered by the bankruptcy trustee, it remains part of the bankruptcy estate. Thus, Plaintiff has no interest in the winding up of the partnership, that interest belongs to the bankruptcy trustee. The Court held that Plaintiff lacked standing to seek a winding up of the partnership. Affirmed.