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RE:Death of joint debtor spouse Ch13
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I am happy to share. The last time I did something like this was in a case with Debtors Davis. 8:16-bk-11305-SC. Co-Debtor has Alzheimers, but you will get the basic format on how to do this.
It was a lot of paperwork and mailing, but the outcome was really clear and clean.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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Why not prepare a motion for the debtor to act on behalf of the deceased co-debtor and exempt the decreased co-debtor from signing or completing whatever is left to do, under a scream or die motion, then file the declaration of no objection (who is going to object, right?) and get an order from the BK Court. Then there is no question of what you are doing. I do a version of this when I have joint BK clients (usually elderly) and one debtor is incapacitated for one reason or another and cannot attend the hearing, doing the credit counseling, etc.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
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If the joint debtor spouse dies during the Ch13 plan but the surviving spouse completes the plan will they both receive a discharge even though the deceased spouse cannot sign the application for discharge? Including a lien strip.
Sincerely,
Silvia Bombalier
Law Offices of Silvia Bombalier
8625 California Avenue
South Gate, CA 90280
Phone: (323)564-5152
Fax: (323)564-5125
If the joint debtor spouse dies during the Ch13 plan but the surviving spouse completes the plan will they both receive a discharge even though the deceased spouse cannot sign the application for discharge? Including a lien strip.
Sincerely,
Silvia Bombalier
Law Offices of Silvia Bombalier
8625 California Avenue
South Gate, CA 90280
Phone: (323)564-5152
Fax: (323)564-5125
The post was migrated from Yahoo.