§425E-405 - Actions by and against partnership and partners.
[§425E-405] Actions by and against
partnership and partners. (a) To the extent not inconsistent
with section 425E-404, a general partner may be joined in an action against the
limited partnership or named in a separate action.
(b) A judgment against a limited partnership
is not by itself a judgment against a general partner. A judgment against a
limited partnership may not be satisfied from a general partner's assets unless
there is also a judgment against the general partner.
(c) A judgment creditor of a general partner
may not levy execution against the assets of the general partner to satisfy a
judgment based on a claim against the limited partnership, unless the general
partner is personally liable for the claim under section 425E-404 and:
(1) A judgment based on the same claim has been
obtained against the limited partnership and a writ of execution on the
judgment has been returned unsatisfied in whole or in part;
(2) The limited partnership is a debtor in
bankruptcy;
(3) The general partner has agreed that the creditor
need not exhaust limited partnership assets;
(4) A court grants permission to the judgment
creditor to levy execution against the assets of a general partner based on a
finding that limited partnership assets subject to execution are clearly
insufficient to satisfy the judgment, that exhaustion of limited partnership
assets is excessively burdensome, or that the grant of permission is an
appropriate exercise of the court's equitable powers; or
(5) Liability is imposed on the general partner by
law or contract independent of the existence of the limited partnership. [L
2003, c 210, pt of §1]