- 3 - partnership was community property of petitioners. In 1992, the partnership terminated. The Second Amended and Completely Restated Certificate and Agreement of Limited Partnership (the partnership agreement) stated that each partner shall make, and be personally liable to make, additional capital contributions equal to any pro rata share of any debt service installment. James never made any capital contributions to the partnership to allow the partnership to pay its debt. On May 8, 1985, the partnership entered into a recourse all- inclusive promissory note (the note) with Sunbelt Service Corp. (the bank) in the amount of $12,500,000. Additionally, James and two other partners in the partnership signed a personal guaranty agreement (the guaranty) for the bank. The guaranty made James and the other two partners personally and jointly liable on the note. Petitioner Susan B. Brickman (Susan) did not sign the guaranty. The partnership, with the proceeds from the note, purchased real property in Flower Mound, Texas. Initially, the partnership received approximately $9,900,000 in funding on the note. In August 1987, the bank stopped funding the note because of government intervention into the bank's affairs. At this time, the project was 75 percent complete. After funding was cut off by the bank, the partnership did not have the money needed toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011