A judgment against a general partnership in a foreclosure action does not preclude separate actions on the same debt against derivatively liable individual general partners. Faber, 168 Ariz. 213, 812 P.2d 1031.
Further, under the Arizona version of the Uniform Partnership Act, specifically A.R.S. §§ 29-1026 and 1027, a creditor may pursue and obtain a judgment against an individual general partner vicariously liable on a partnership debt without the necessity of first proceeding against the partnership itself or its other partners. See Chase Bank of Arizona v. Acosta, 179 Ariz. 563, 880 P.2d 1109 (App. 1994) (lender permitted to sue individual general partner even though automatic stay prevented lawsuit against bankrupt general partnership); Catalina Mortgage Co. v. Monier, 166 Ariz. 71, 800 P.2d 574 (1990).
The Arizona Supreme Court abolished the general requirement applicable to partnerships, expressed in common law as the “general accounting rule,” that partners could not maintain actions against each other concerning partnership transactions without a prior accounting or settlement of...
