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Deceased Ch. 7 Debtor
FRBP 1016 states that "Death or incompetency of the debtor shall not
abate a liquidation case under chapter 7 of the Code. In such event
the estate shall be administered and the case concluded *in the same
manner, so far as possible, as though the death or incompetency had
not occurred*."
I would send a letter to the Trustee and USTO re: the death and let
them decide what to do. If the discharge is necessary (i.e. to
protect the non-exempt assets from creditors so heirs of the debtor
can take them) then you may want to file a motion to waive the
requirement of the 341a and financial management course (the
purpose of the fin. mgt. course, ostensibly, is to educate the
debtor and prevent recurrence of the debt accumulation that occurred
prepetition.. Given the death, that is unlikely to recur.)
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
A Ch7 case with e deceased debtor in this fact pattern can NOT go forward.
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Wed, Oct 27, 2010 10:51 am
Subject: [cdcbaa] Deceased Ch. 7 Debtor
Hi Everyone,
I have a debtor that died 1 day after the filing of her Chapter 7 case. Obviously, she won't attend the 341(a) nor do the Financial Management course. Any advice????
Thanks,
Ty Takeuchi
A Ch7 case with e deceased debtor in this fact pattern can NOT go forward.
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
The post was migrated from Yahoo.