{"data":{"id":"us-ky/krs-362.2-405","jurisdiction":"us-ky","citation":"KRS 362.2-405","heading":"Actions by and against partnership and partners.","body":"(1) To the extent not inconsistent with KRS 362.2 -404, any of the general partners may\nbe joined in an action against the limited partnership or named in separate actions.\n(2) A judgment against a limited partnership is not by itself a judgment against a\ngeneral partner. A judgment against a limited partnership may not be satisfied from\na general partner's assets unless there is also a judgment against the general partner.\n(3) A judgment creditor of a general partner may not levy execution against the assets\nof the general partner to satisfy a judgment based on a claim against the limited\npartnership, unless the partner is personally liable for the claim under KRS 362.2 -\n404 and:\n(a) A judgment based on the same claim has been obtained against the limited\npartnership and a writ of execution on the judgment has been returned\nunsatisfied in whole or in part;\n(b) The limited partnership is a debtor in bankruptcy;\n(c) The general partner has agreed that the creditor need not exhaust limited\npartnership assets;\n(d) A court grants permission to the judgment creditor to levy execution against\nthe assets of a general partner based on a finding that limited partnership\nassets subject to execution are clearly insufficient to satisfy the judgment, that\nexhaustion of limited partnership assets is excessively burdensome, or that the\ngrant of permission is an appropriate exercise of the court's equitable powers;\nor\n(e) Liability is imposed on the general partner by law or contract independent of\nthe existence of the limited partnership.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34587","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:58Z","sha256":"7d7c64022cbbb065bf569aa7382550524aff391f65f63369be685d149cddcd16","source_id":"us-ky","stale":false,"prev":"us-ky/krs-362.2-404","next":"us-ky/krs-362.2-406"},"notice":"GroundRules: Original legal text. Not legal advice."}
