Questão jurídica principal
Whether the enforcement had to proceed by bankruptcy despite the debt being private and unrelated to the debtor's inactive sole proprietorship.
Decisão extraída
Yes. For purposes of continuation, what matters is that the debtor was entered in the commercial register when enforcement was continued; all debts are then subject to bankruptcy enforcement.
Fundamentação extraída
Art. 39 LEF applies to persons entered in the commercial register as sole proprietors for all debts, including non-business debts, if the registration existed at continuation.