KRS 362.1-307: Actions by and against partnership and partners.

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

(2) 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.

(3) 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.

(4) 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 permissi on 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.

(5) This section applies to any partnership liabilit y or obligation resulting from a

representation by a partner or purported partner under KRS 362.1-308.

(6) 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.