Death prior to 341a

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Pat,
Assuming the executor/administrator has Letters, wouldnt the executor have authority?
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Larry Webb
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See Rule 1016.
If the deceased debtor had exempt assets that could become liable for creditor claims through probate, then the debtor's heirs mightbenefit from the discharge.
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On Wednesday, June 24, 2015 12:48 PM, "'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa]" wrote:
Unmarried debtor files Chapter 7. It appears to be no asset, and of course, not a joint case. In the critical month between filing and 341a, debtor passes away. I immediatelynotify the trustee, with no response. 341a is coming up, and since I was retained to help get debtor a discharge, I feel that's my duty if at all possible. What arethe options here? There is a family member who was present at both the consultation and signing who is willing to testify. Must I let it go to dismissal? And since it's no-asset, is there any benefit for family (not myclient or duty, but of course, an interested party) toobtain the discharge for which
The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Unmarried debtor files Chapter 7. It appears to be no asset, and of course,
not a joint case. In the critical month between filing and 341a, debtor
passes away. I immediately notify the trustee, with no response. 341a is
coming up, and since I was retained to help get debtor a discharge, I feel
that's my duty if at all possible. What are the options here? There is a
family member who was present at both the consultation and signing who is
willing to testify. Must I let it go to dismissal? And since it's no-asset,
is there any benefit for family (not my client or duty, but of course, an
interested party) to obtain the discharge for which I was retained?

Hale
Unmarried debtor
files Chapter 7. It appears to be no asset, and of course, not a joint case. In
the critical month between filing and 341a, debtor passes away. I
immediately notify the trustee, with no response. 341a is coming up, and
since I was retained to help get debtor a discharge, I feel that's my duty if at
all possible. What are the options here? There is a family member who was
present at both the consultation and signing who is willing to testify. Must I
let it go to dismissal? And since it's no-asset, is there any benefit for family
(not my client or duty, but of course, an interested party) to obtain
the discharge for which I was retained?

Hale

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