Expert: Mark J. Markus- California Bankruptcy Attorney - 6/11/2010

Question
QUESTION: I am checking into this for my father. He has a small business Commercial Refrigeration business that he recently did some work on a Restaurant's walk in cooler. They have now filed a Chapter 13, and have him on there as an unsecured debt. Can they put him on there when it shows that Chapter 13 is for individual, not a business bankruptcy?

ANSWER: I'm not sure I understand your question.  Are you claiming that the individual that filed the Chapter 13 does NOT owe your father's business any money?

http://www.bklaw.com/

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QUESTION: no, I'm saying my father did refrigeration service for his restaurant, Cherry Street Grill, but the Chapter 13 that this man filed is under his personal name, not Cherry Street Grill. You would think he would have to file a Chapter 11 for business to claim work my father's Commercial Refrigeration did for his business. Just wanted to know if he can claim a business debt on his Chapter 13 bankruptcy?

Answer
If Cherry Street Grill is a separate legal entity, and it owes your father money, then it will continue to owe your father money regardless of what the individual owner does.  However, if Cherry Street Grill is merely a dba of whoever this man/owner is, then Chapter 13 is completely appropriate and your father's debt would be included as part of that Chapter 13 case because in that situation there is no legal difference between the restaurant and the individual owner.   

Without seeing the documents I can't really advise further.