Jahn v. Lamb (In Re Lamb)

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

Despite the caption of this bankruptcy case, the main question is whether Charles Lamb and Gary Lamb were partners in the business known as Rubenstein’s. The bankruptcy petition commenced a case only for the alleged partnership and not for Gary Lamb and Charles Lamb as individuals.

The partnership’s case was converted from a chapter 11 reorganization to a chapter 7 liquidation. Under chapter 7, the trustee in bankruptcy may recover from the general partners’ individual assets any deficiency of the partnership’s assets to meet its liabilities. 11…