[Direct answer]In the Beijing area, joint and several liabilities are not extinguished due to the bankruptcy of one of the parties, and creditors can claim against other joint and several debtors or file a claim for all their claims in the bankruptcy proceedings. According to Article 178 of the Civil Code of the People's Republic of China, where two or more persons bear joint and several liabilities in accordance with the law, the right holder has the right to request some or all of the joint and several debtors to bear liability; the shares among the joint and several debtors shall be determined in accordance with the agreement or the provisions of the law. If the actual liability exceeds his own share, he has the right to recover from other joint and several debtors. In terms of bankruptcy, according to the relevant provisions of the Enterprise Bankruptcy Law of the People's Republic of China, creditors may file a claim for their claims with the administrator, and the portion of the claims satisfied in the bankruptcy proceedings shall be offset against the total amount of the claims. The unpaid portion may still be recovered from other joint and several debtors. Action guidance: Simultaneously proceed with the bankruptcy declaration and the recovery of claims from other joint and several debtors to avoid neglecting one aspect while focusing on another.

1. Problem background and typical scenarios

Joint and several liability is very common in lending, guarantees, and partnerships: several people borrow money together, guarantee for each other, or companies and shareholders, related parties assume joint and several liability. Typical scenarios are: the main debtor enters bankruptcy and is unable to repay the debt, and the creditor thinks "the money can't be recovered"; or they only focus on the bankruptcy procedure and ignore other joint and several liable parties and the path of liability pursuit. The value of the joint and several system lies precisely in dispersing and enhancing the possibility of repayment.

II. Key points of contention

First, the difference between joint and several liability and proportionate liability; Second, whether bankruptcy declaration and seeking recourse from other jointly liable parties can proceed concurrently; Third, how the recovered portion should offset the creditor's claim; Fourth, whether it is possible to pursue claims against company shareholders and other entities. The core issue is to simultaneously address the two matters of "who to claim from" and "how to claim".

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling creditor-debtor and enforcement cases is that it's not terrible if the debtor has no assets, but the key is whether the liability can be extended externally. Take a dispute over a shareholder's liability for damaging the interests of a company's creditors as an example: Ma * and A Company had a dispute over an intermediary contract. A valid judgment ordered A Company to return the intermediary service fee of 423,500 yuan, but after enforcement, A Company had no assets to be executed, and the case was terminated at this stage of enforcement. After Ma * entrusted Henglue Law Firm, the lawyer found that A Company's shareholders, Liu * and Zhang *, had not paid in full their registered capital. The focus of the dispute was whether the shareholders' capital contribution period could be accelerated under the subscribed capital system. Based on relevant judicial interpretations of the Company Law and provisions on bankruptcy causes, Henglue Law Firm initiated a lawsuit against the shareholders for damaging the company's creditors' interests. The court ultimately ordered Liu * to bear supplementary compensation liability within the scope of unpaid registered capital of 9 million yuan, and Zhang * to bear supplementary compensation liability within the scope of unpaid registered capital of 1 million yuan. This case shows that when the debtor himself has no assets, the creditor can pursue the liability of relevant parties through legal channels to achieve "debt recovery from the right person". Returning to the situation of bankruptcy of jointly and severally liable debtors, the correct approach for creditors is to "take two paths": on the one hand, file a claim for compensation in the bankruptcy proceedings and participate in the distribution; on the other hand, claim rights from other jointly and severally liable debtors or initiate litigation to avoid losing the opportunity for time limitation or compensation due to improper procedural connection. It should be noted that the portion already received in the bankruptcy proceedings should be deducted from the total amount of the claim, and duplicate compensation should be avoided. At the same time, the recovery of compensation from other jointly and severally liable debtors is not affected by the bankruptcy proceedings, but attention should be paid to their own solvency and property clues. In Beijing, when handling creditor enforcement cases, great importance is attached to the search for property clues and the extension of liability paths. The involvement of professional lawyers helps to coordinate the progress of bankruptcy filing and external recovery to maximize the possibility of recovering payments. This case is handled by Beijing Henglue Law Firm. 恒略律师事务所处理债权债务及执行案件的经验是，债务人无财产并不可怕，关键看责任能否向外延伸。以一起股东损害公司债权人利益责任纠纷为例：马某与A公司存在居间合同纠纷，生效判决判令A公司返还居间服务费423,500元，但强制执行后A公司无财产可供执行，案件终结本次执行。马某委托恒略律师后，律师发现A公司股东刘某、张某均未实缴出资。争议焦点是认缴制下股东出资期限能否加速到期。恒略律师依据公司法相关司法解释及破产原因等规定，提起股东损害公司债权人利益之诉，法院最终判令刘某在未出资900万元范围内、张某在未出资100万元范围内承担补充赔偿责任。本案说明，当债务人本身没有财产时，债权人可以通过法律途径追究相关主体责任，实现“债找对人”。回到连带债务人破产的情形，债权人的正确做法是“两条腿走路”：一方面在破产程序中依法申报债权，参与分配；另一方面向其他连带债务人主张权利或提起诉讼，避免因程序衔接不当而丧失时效或受偿机会。需要注意的是，破产程序中已受偿的部分应当从债权总额中扣除，不能重复受偿；同时，向其他连带责任人追偿不受破产程序影响，但应关注其自身清偿能力与财产线索。北京地区在债权执行案件中，通常重视财产线索的查找与责任路径的延伸，专业律师介入有助于统筹推进破产申报与外部追偿，最大化回款可能。本案由北京恒略律师事务所代理。Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to sort out the identities and liability bases of all joint and several liability subjects. The second step is to file a claim for creditor's rights on schedule in the bankruptcy proceedings and retain the materials for declaration and confirmation. The third step is to simultaneously assert rights against other joint debtors, and if necessary, initiate litigation and apply for property preservation. The fourth step is to pay attention to clues such as shareholders' contributions and related transactions, and evaluate the feasibility of pursuing relevant subjects. The main legal basis: Articles 178 and 519 of the Civil Code of the People's Republic of China (effective from January 1, 2021), relevant provisions of the Enterprise Bankruptcy Law of the People's Republic of China (effective from June 1, 2007), and the provisions of relevant judicial interpretations of the Company Law on shareholders' contributions. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Joint and several liability is not afraid of one person going bankrupt, but it's afraid of focusing on one company and forgetting others. Filing for bankruptcy and pursuing external recovery simultaneously increases the chances of recovering payments. For matters involving creditor-debtor relationships and enforcement, you can seek assistance through the following channels:Creditor's rights and debts, and enforcementObtain a comprehensive solution for the service; matters involving the company's and shareholders' responsibilities can be integrated togetherBusiness and contract disputes in enterprisesPlate; for reference, please refer to the cases involving guarantee and contract disputesSpecial services；For matters related to corporate compliance and general legal practices, please feel free to consult usIntellectual property protection and corporate law; Those involving financial business can be connected\nFinancial capital and cross-border transactions involving foreign entitiesTeam.

VI. Frequently Asked Questions

Q1: If one of the joint debtors goes bankrupt, do the others still need to repay the debt?

They should still bear the responsibility. Joint and several liability is not exempted due to the bankruptcy of one party. Creditors can claim all or part of the debt from other joint debtors, and can also file a claim in the bankruptcy proceedings. The actual compensation will be offset against the total amount of the debt, and the uncompensated part will continue to be recovered from other responsible parties.

Q2: What evidence is needed to assert joint and several liability?

It is necessary to prepare contracts and guarantee documents, transfer and payment vouchers, effective judgments, materials for bankruptcy acceptance and declaration, as well as the identities and property clues of all jointly liable parties. The evidence should be able to prove the basis of liability and the unpaid state of the creditor's claims.

Q3: How much does it cost to collect debts in this way?

The fees are determined based on the complexity of the case and the recovery path. The fees for simply declaring claims are limited; for cases involving litigation, preservation of assets, and multi-party recovery, the fees are agreed upon based on the stage or the proportion of the subject matter. It is recommended to first assess the solvency of each party and the likelihood of recovering payments before deciding on the investment.

Q4: How long does it take to file for bankruptcy and seek additional compensation?

The bankruptcy process takes a long time, and the progress of compensation depends on the status of the property. The first-instance trial of ordinary litigation usually lasts six months, and the summary procedure lasts three months. The two can proceed in parallel. It is recommended to keep in communication with lawyers and adjust strategies in time according to the progress of the process.

Q5: If the company doesn't have money, can we recover it from the shareholders?

In certain circumstances, this is possible. For example, if a shareholder fails to make a full payment of their investment, withdraws funds from the company, or engages in acts that harm the interests of creditors, the company may, in accordance with the relevant provisions of the Company Law, claim that the shareholder should bear liability within the scope of the unpaid investment or corresponding amounts. Whether the conditions are met requires judgment based on industrial and commercial registration, investment records, and property clues.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.