29-1027. Actions by and against partnership and
partners


A. A partnership may sue and be sued in the name of the partnership.


B. Except as otherwise provided in subsection F of this section, an action may be
brought against the partnership and any or all of the partners in the same action or in
separate actions.


C. A judgment against a partnership is not by itself a judgment against a
partner. A judgment against a partnership may not be satisfied from a partner's assets
unless there is also a judgment against the partner.


D. A judgment creditor of a partner may not levy execution against the assets of
the partner to satisfy a judgment based on a claim against the partnership unless either:


1. The claim is for a debt, obligation or liability for which the partner is liable
as provided in section 29-1026 and either:


(a) A judgment based on the same claim has been obtained against the partnership
and a writ of execution on the judgment has been returned unsatisfied in whole or in
part.


(b) The partnership is a debtor in bankruptcy.


(c) The partner has agreed that the creditor need not exhaust partnership assets.


(d) A court grants permission to the judgment creditor to levy execution against
the assets of a partner based on a finding that partnership assets subject to execution
are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets
is excessively burdensome or that the grant of permission is an appropriate exercise of
the court's equitable powers.


2. Liability is imposed on the partner by law or contract independent of the
existence of the partnership.


E. This section applies to any partnership liability or obligation resulting from a
representation by a partner or purported partner under section 29-1028.


F. A partner is not a proper party to an action against a limited liability
partnership where that partner would not be personally liable for the claim under section
29-1026.