- (a) General partner as party.— To the extent not inconsistent with section 8644 (relating to general partner's liability), a general partner may be joined in an action against the limited partnership or named in a separate action.
(b) Judgment against partnership only.— A judgment against a partnership:
- (1) is not by itself a judgment against a partner; and
- (2) except as set forth in subsection (c), may not be satisfied from a partner's assets.
(c) Judgment against partnership and partner.— If there is a judgment against a partnership and a partner on the same claim, the judgment creditor may levy execution against the assets of the partner if both of the following paragraphs apply:
- (1) The partner is personally liable for the claim under section 8644.
(2) One of the following subparagraphs applies:
- (i) A writ of execution on the judgment against the partnership has been returned unsatisfied in whole or in part.
- (ii) The partnership is a debtor in bankruptcy.
- (iii) The partner has agreed that the creditor need not exhaust partnership assets.
(iv) A court grants permission to levy execution based on a finding that:
- (A) partnership assets subject to execution are clearly insufficient to satisfy the judgment;
- (B) exhaustion of partnership assets is excessively burdensome; or
- (C) the grant of permission is an appropriate exercise of the court's equitable powers.
- (v) Liability is imposed on the partner by law or contract independent of the existence of the partnership.