Partnership BK is it possible? One CC only

[fert]

I had a CC in my business name,defaulted and am now being sued in my personal name so I was wondering if I could file BK to get rid of the debt @ 40K. The business has no assets left. They were stolen and I was hurt thus leading to the demise of the business. I had no insurance and sold assets to pay the bill for 6 months or so. When I started the business it was as a sole prop. 13 years ago. I took on a minor partner 6 months before everything was stolen. He never used the card. I do have a partnership agreement. He is now deceased. The business bank account has $200 left in it.

[nascar]

If you had a partnership and your partner is deceased, you no longer have a partnership. You need to "wind up" the business as provided for in California Code and move on.

With respect to partnership debt, the partners (assuming we are not talking about an LLP), ultimately, are personally liable for the partnership debt. Moreover, it's generally joint and several liability, which means that, regardless how much your deceased partner was responsible for, it's all on you. If the partnership's creditors come after you, I believe you would be able to recover the other partners share from him or his estate, to the extent provided in your partnership agreement.