§ 8437. Actions by and against partnership and partners.
326 words·~1 min read·
/pa/title-15/chapter-84/8437A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 8437. Actions by and against partnership and partners.
(a)Partnership as party.-- A partnership may sue and be sued in the name of the partnership.
(b)Partner as party.-- To the extent not inconsistent with section 8436 (relating to partner's liability), a partner may be joined in an action against the partnership or named in a separate action.
(c)Judgment against partnership only.-- A judgment against a partnership:
(1)is not by itself a judgment against a partner; and
(2)except as provided in subsection (d), may not be satisfied from a partner's assets.
(d)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 apply:
(1)The partner is personally liable for the claim under section 8436.
(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.
(e)Liability for representations.-- This section also applies to any debt, liability or other obligation of a partnership which results from a representation by a partner or purported partner under section 8438 (relating to liability of purported partner).
(f)Cross reference.-- See section 8415(c)(8) (relating to contents of partnership agreement).
15c8437v
Cross References. Section 8437 is referred to in section 8415 of this title.
15c8438s