Short answer. Yes. Under Article 1793, a partner who collected his share of a partnership credit while the others had not collected theirs must, if the debtor later becomes insolvent, bring what he received into the partnership capital. What one partner recovers on a shared credit is shared when the debtor fails.
What the law says
shall be obliged, if the debtor should thereafter become insolvent, to bring to the partnership capital what he received even though he may have given receipt for his share only.
Civil Code, Article 1793 — Return of a Partly-Collected Partnership Credit. Read the full provision →
Bringing back what you collected
Article 1793 covers a specific and easily-overlooked situation. Say the partnership is owed money by a debtor, and one partner manages to collect his own share of that debt while the other partners have collected nothing. If the debtor should thereafter become insolvent, that partner shall be obliged... to bring to the partnership capital what he received even though he may have given receipt for his share only. In plain terms: the partner who got in first has to pour what he recovered back into the common pot, so that the shortfall from the now-insolvent debtor is shared among all the partners.
The receipt 'for his share only' does not save him
The article closes an obvious escape route. A partner might think that by giving the debtor a receipt for his own share alone — not for the partnership's whole claim — he has taken only what is personally his and owes the others nothing. Article 1793 rejects that. Even though he may have given receipt for his share only, he must still bring what he received into the partnership. The reasoning is that a partnership credit belongs to the firm, not to the partners in separate slices. Collecting early does not privatise your portion; if the debtor then fails, the loss is a partnership loss to be borne together.
The insolvency condition
Notice what triggers the obligation: the debtor's later insolvency. If the debtor stays solvent and the other partners can still collect their own shares in full, there is nothing to redistribute — the early-collecting partner simply got paid ahead of the others, and everyone can be made whole. The duty to bring the money back arises precisely because the debtor has become insolvent, so the uncollected shares can no longer be recovered from him. At that point, allowing one partner to keep what he collected while the others get nothing would be unfair, and the article prevents it by pooling what was collected against a claim that has partly failed.
If this happens to your partnership
For a partner who collected early, the safe assumption is that the money is not cleanly yours if the debtor later goes under — expect to account for it to the firm. For the other partners, if a co-partner took his share of a joint credit and the debtor has since become insolvent, this article is the basis for asking him to bring that amount into the partnership. Either way, keep the records that show what the partnership was owed, who collected what and when, and the debtor's financial state, because the obligation turns on those facts.