[§425E-405]  Actions by and againstpartnership and partners.  (a)  To the extent not inconsistentwith section 425E-404, a general partner may be joined in an action against thelimited partnership or named in a separate action.

(b)  A judgment against a limited partnershipis not by itself a judgment against a general partner.  A judgment against alimited partnership may not be satisfied from a general partner's assets unlessthere is also a judgment against the general partner.

(c)  A judgment creditor of a general partnermay not levy execution against the assets of the general partner to satisfy ajudgment based on a claim against the limited partnership, unless the generalpartner is personally liable for the claim under section 425E-404 and:

(1)  A judgment based on the same claim has beenobtained against the limited partnership and a writ of execution on thejudgment has been returned unsatisfied in whole or in part;

(2)  The limited partnership is a debtor inbankruptcy;

(3)  The general partner has agreed that the creditorneed not exhaust limited partnership assets;

(4)  A court grants permission to the judgmentcreditor to levy execution against the assets of a general partner based on afinding that limited partnership assets subject to execution are clearlyinsufficient to satisfy the judgment, that exhaustion of limited partnershipassets is excessively burdensome, or that the grant of permission is anappropriate exercise of the court's equitable powers; or

(5)  Liability is imposed on the general partner bylaw or contract independent of the existence of the limited partnership. [L2003, c 210, pt of §1]