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362.1-307 Actions by and against partnership and partners.
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A partnership may sue and be sued in the name of the partnership.
An action may be brought against the partnership and, to the extent not
inconsistent with KRS 362.1-306, any or all of the partners in the same action
or in separate actions.
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.
A judgment creditor of a partner shall not levy execution against the assets of a
partner to satisfy a judgment based on a claim against the partnership unless
the partner is personally liable for the claim under KRS 362.1-306 and:
(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; or
(e) Liability is imposed on the partner by law or contract independent of the
existence of the partnership.
This section applies to any partnership liability or obligation resulting from a
representation by a partner or purported partner under KRS 362.1-308.
A partner in a limited liability partnership is not a proper party to a proceeding
against such a partnership solely by reason of being a partner.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 149, sec. 34, effective July 12, 2006.
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