Single member LLC files Bankruptcy. The single member was guarantor on a note and mortgage. Can Bank get deficiency on guarantor

Yes. If I understand your facts correctly, the single-member executed a guarantee on the LLC's debt. Therefore, the member will be personally liable for the note and the deficiency. The lender can sue the guarantor directly on the note, or can wait until after the foreclosure is complete, obtain a deficiency amount, and then sue the guarantor on the deficiency. Given the bankruptcy filing by the LLC, I would believe the lender will sue on the guarantee directly since no stay relief would be necessary for that action. The member may want to consider a personal bankruptcy in this situation. For more information, please visit our blog and bankruptcy guide at http://www.chrissmith.com.

I completely agree. Unless the guarantor obtains a discharge, he is personally liable.

I would agree with the answers if the LLC filed a chapter 7. However, if the LLC filed a chapter 11, though the individual generally is still subject to full liability, in the chapter 11 it is possible that some restrictions are imposed on the creditor to protect the guarantor. An attorney who handles a chapter 11 would need to be consulted.