I had a case like this. Luckily, FM class was filed before debtor passed
away, so didn't need a motion to waive FM cert (practice tip: if you don't
already do so, may be a good idea to get Ch 13 debtors to take the FM class
early in the case--for these kinds of situations).
The Chapter 7 Trustee at the Chapter 7 341a asked me to file a "Notice of
Death" (1 page document indicating debtor had died with death certificate
attached). Both surviving co-debtor and deceased debtor received a
discharge shortly after the notice was filed.
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-628-1820 E:
cliff@bordeauxlaw.com
On Mon, Sep 9, 2013 at 2:13 PM, Leventhal Law Group, P.C. wrote:
> **
>
>
> Yes, you can continue the case for the deceased debtor. You will need to
> do a motion and order to waive the financial management course.
>
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
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>
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>
> On Sep 9, 2013, at 1:50 PM, "Yelena Gurevich"
> wrote:
>
>
>
> Hello.
>
> I have a confirmed chapter 13 case for a husband and wife. The wife
> passed away and we plan to convert the case to chapter 7. The only issue
> is what will happen at the chapter 7 341 after we convert since one of the
> debtors is deceased and cannot attend? Will the trustee dismiss and make
> us file a new chapter 7 case? Has anyone faced this situation before? Any
> advise would be helpful. Thank you.
>
> --
> Best Regards,
> Yelena Gurevich, Esq.
> (818) 732-9083
>
attylenagurevich@gmail.com
>
www.calgroup.org
>
>
>
I had a case like this. Luckily, FM class was filed before debtor passed away, so didn't need a motion to waive FM cert (practice tip: if you don't already do so, may be a good idea to get Ch 13 debtors to take the FM class early in the case--for these kinds of situations).
The Chapter 7 Trustee at the Chapter 7 341a asked me to file a "Notice of Death" (1 page document indicating debtor had died with death certificate attached). Both surviving co-debtor and deceased debtor received a discharge shortly after the notice was filed.
Clifford BordeauxBordeaux Law, P.C.790 E. Colorado Boulevard, 9th FloorPasadena, CA 91101T: 626-405-2345 / F: 626-628-1820bordeauxlaw.com
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