The creditors of Sara Delano have petitioned for involuntary bankruptcy proceedings
against her. Delano has been consistently late in paying her obligations for the past year.
Two months before the petition was filed, a custodian was appointed to protect Delano’s
property. In her statement contesting the bankruptcy petition, Delano pointed out that
she had dealt in good faith and could not be shown to be guilty of any act of
misconduct. In addition, she cited her willingness to allow a custodian to be appointed
as an indication of her intention to avoid bankruptcy and honor her obligations. Can she
prevail?
Manufacturers who prepare goods to the buyer’s specifications are under exceptionally
stringent warranty obligations for fitness for a particular use.
Under the Revised Uniform Limited Partnership Act, limited partners may engage in
certain ‘safe harbor” activities without losing their protection from liability. These
activities include being a contractor for, or an agent or employee of, the limited
partnership or of a general partner.