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Excusing Financial Managment Course Requirement - Postpetition Death of Debtor
Mark - just a thought but you can file FRCP form 9 (Statement of Death) with a certified copy of the death certificate, then file form 23 under your name as counsel for debtor, checking the box "incapacity or disability" and interlineating "Debtor Deceased". If it doesn't work, you would be stuck filing a motion to reopen or possibly facing an OSC. FYI - I have had a couple of pre-BAPCPA (hyphen??)cases where the co-debtor died and I filed the Statement of Death. In each one a joint discharge was issued (Bankruptcy Rule 1016). But that was before Debtor Education.
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> Doesn't death end the community so debts become the surviving spouse's? Who then receives the discharge?
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> Date: Mon, 17 Jun 2013 05:27:28
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> Subject: [cdcbaa] Excusing Financial Managment Course Requirement - Postpetition Death of Debtor
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> Anyone dealt with excusing the financial management course requirement for a debtor dying postpetition? If nothing is done, no discharge will be issued. Surviving spouse can't sign for husband (see history below). I cannot find any specific procedure on how to proceed in reviewing the local rules, the FRBP and Rutter Group Bankruptcy Guide, other than it looks like an Order excusing need for financial management course is required. 11 U.S.C. 109(h)(4) incorporated by reference into 11 U.S.C. 727(a)(11) does not include death under the definition of incapacity or disability, but not including death leads to an absurd result, especially taking into account FRBP 1016 stating "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...." 11 U.S.C. ng. I do not really see this being authority for this being undertaken ex parte, so it looks like a scream or die motion. Do I really need to serve all creditors? I would rather not incur the time and expense to serve the large number of creditors in this particular case with the scream or die motion, but I do not want to have the motion denied for lack of service either....
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> History: Debtor died 6 days after bare bones petition filed. Surviving Spouse elected to continue with Chapter 7 case. I filed a Notice of Death in the case. Judge Ahart denied an Emergency Motion based upon FRBP 1016 to allow wife to sign for deceased husband or alternatively for an extension of time to allow wife to be appointed special administrator of the husband's estate to sign off on the remaining schedules and statements. (There is no need otherwise for probate administration). He just said in the order she could proceed and sign the schedules and statements for herself. He did not elaborate. Chapter 7 Trustee interpreted the Judge's order to allow both debtors to proceed even though only surviving spouse signed the balance of the schedules and statements. Trustee concluded 341(a) as to both spouses.
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> Mark Jessee
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The post was migrated from Yahoo.
Anyone dealt with excusing the financial management course requirement for a debtor dying postpetition? If nothing is done, no discharge will be issued. Surviving spouse can't sign for husband (see history below). I cannot find any specific procedure on how to proceed in reviewing the local rules, the FRBP and Rutter Group Bankruptcy Guide, other than it looks like an Order excusing need for financial management course is required. 11 U.S.C. t include death under the definition of incapacity or disability, but not including death leads to an absurd result, especially taking into account FRBP 1016 stating "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...." 11 U.S.C. ng. I do not really see this being authority for this being undertaken ex parte, so it looks like a scream or die motion. Do I really need to serve all creditors? I would rather not incur the time and expense to serve the large number of creditors in this particular case with the scream or die motion, but I do not want to have the motion denied for lack of service either....
History: Debtor died 6 days after bare bones petition filed. Surviving Spouse elected to continue with Chapter 7 case. I filed a Notice of Death in the case. Judge Ahart denied an Emergency Motion based upon FRBP 1016 to allow wife to sign for deceased husband or alternatively for an extension of time to allow wife to be appointed special administrator of the husband's estate to sign off on the remaining schedules and statements. (There is no need otherwise for probate administration). He just said in the order she could proceed and sign the schedules and statements for herself. He did not elaborate. Chapter 7 Trustee interpreted the Judge's order to allow both debtors to proceed even though only surviving spouse signed the balance of the schedules and statements. Trustee concluded 341(a) as to both spouses.
Mark Jessee
The post was migrated from Yahoo.