Ohio § 1776.79

§ 1776.79.

When a domestic partnership is a constituent entity to a merger or consolidation that

has become effective, and that domestic partnership is not the surviving or resulting

entity of the merger or consolidation, or a domestic partnership is the converting

entity in a conversion, a judgment creditor of a partner of that domestic partnership

shall not levy execution against the assets of the partner to satisfy a judgment based

on a claim against the surviving or resulting entity of the merger, consolidation,

or conversion unless any of the following applies: (A) The claim is for an obligation of the domestic partnership for which the partner

is liable as this chapter provides and any of the following is true: (1) A judgment based on the same claim entered was against the surviving or resulting

entity of the merger, consolidation, or conversion and a writ of execution on the

judgment was returned unsatisfied in whole or in part. (2) The surviving or resulting entity of the merger or consolidation or the entity resulting

from the conversion is a debtor in bankruptcy. (3) The partner agreed that the creditor need not exhaust the assets of a domestic partnership

that was not the surviving or resulting entity of the merger, consolidation, or conversion. (4) The partner agreed that the creditor need not exhaust the assets of the surviving

or resulting entity of the merger or consolidation or the entity resulting from the

conversion. (B) A court grants permission to the judgment creditor to levy execution against the

assets of the partner based on a finding that the assets of the surviving or resulting

entity of the merger, consolidation, or conversion that are subject to execution are

clearly insufficient to satisfy the judgment, that exhaustion of the assets of the

surviving or resulting entity is excessively burdensome, or that the grant of permission

is an appropriate exercise of the court's equitable powers. (C) Liability is imposed on the partner by law or contract independent of the existence

of the surviving or resulting entity of the merger, consolidation, or conversion.