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HRS §425E-405

Suits against the partnership and its general partners

This section explains when a general partner can be sued for partnership debts. A judgment against the partnership alone does not let a creditor take a general partner's personal assets. The creditor must also get a judgment against the partner, or meet one of the listed exceptions.

businessescreditors

The statute, as written — Actions by and against partnership and partners

(a) To the extent not inconsistent with section 425E-404, a general partner may be joined in an action against the limited partnership or named in a separate action. (b) A judgment against a limited partnership is not by itself a judgment against a general partner. A judgment against a limited partnership may not be satisfied from a general partner's assets unless there is also a judgment against the general partner. (c) A judgment creditor of a general partner may not levy execution against the assets of the general partner to satisfy a judgment based on a claim against the limited partnership, unless the general partner is personally liable for the claim under section 425E-404 and: (1) A judgment based on the same claim has been obtained against the limited partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part; (2) The limited partnership is a debtor in bankruptcy; (3) The general partner has agreed that the creditor need not exhaust limited partnership assets; (4) A court grants permission to the judgment creditor to levy execution against the assets of a general partner based on a finding that limited partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of limited partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court's equitable powers; or (5) Liability is imposed on the general partner by law or contract independent of the existence of the limited partnership.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§425E-404 General partner's liability

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.