If the loan was secured by the business, you could take the business back at the appropriate time. If the business has no value, you are essentially an unsecured creditor. If there are NO assets in the bankruptcy estate, you have little chance of recovering even if you were not named as a creditor. The provision that the balance becomes immediately due is meaningless in a no asset bankruptcy case and may even be an unenforceable provision. Also, even if it became immediately due when the BK petition was filed it also became immediately uncollectable and most likely his obligation to pay will be discharged unless you can, through an adversary proceeding in bankruptcy, prove he entered into the contract fraudulently.
Answered on Jan 04th, 2013 at 9:29 PM