Debts and Final Discharge after Bankruptcy

Questioner

A few years ago, our bankruptcy (a partnership with my ex and both private) was terminated (without homologation). If I make an offer to the creditors to pay part of the debts in final settlement, does that final settlement only apply to me, or does it automatically apply to my ex as well? We only had debts in the partnership and the partnership was 50/50, meaning we were both fully liable.

Lawyer

It depends on how the discharge is formulated in the agreement you make with the creditors and what the intention of the partial repayment is. If the intention is that your payment will further protect you and your ex, then my advice is to explicitly stipulate this and record it in the agreement with the creditors.

Questioner

If I understand correctly, I can buy off the debts arising from the bankruptcy of the partnership in my name, against final discharge in my person, while the remaining debts can still be recovered from my ex-partner?

Lawyer

Exactly, that is possible. This will ensure that you will no longer be approached by creditors of the former partnership. Your ex-partner can then be approached for the entire unpaid portion. Please note: if your ex-partner were to pay more than 50% of the debts, he can still recover this excess from you.