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question re deceased debtor

Posted: Wed Sep 11, 2013 8:18 pm
by Yahoo Bot

7 Trustee has no authority to dismiss. Read rule 1016. Is case over 180 days old? If not and there is insurance, client loses insurance. Read all of the answers, they are full of clues.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Sep 11, 2013, at 9:16 AM, wrote:
> I have converted a several cases after the death of a codebtor and did not have any problems arise. I just filed the conversion and a suggestion (notice) of death upon the record with a copy of the death certificate. However, I have also used the death of a codebtor as grounds to obtain a hardship discharge under 1328(b). You may want to look at that option. And be sure to analyze at any possible financial benefits the surviving debtor may become entitled to receive as a result of the death. Any such benefits may be property of the estate under 1306.
>
>
>
> --- In cdcbaa@yahoogroups.com, 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@...
> www.calgroup.org
>

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question re deceased debtor

Posted: Mon Sep 09, 2013 3:01 pm
by Yahoo Bot

I just filed a motion to excuse appearance and class because of the death of my debtor. We have an article on this issue coming out in the next Newsletter.
Sent from my Stella Havkin's IPhone
On Sep 9, 2013, at 2:44 PM, Clifford Bordeaux wrote:
> 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 California Law and give notice to a person in my office during regular business hours.
>>
>> This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
>>
>> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>>
>> Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
>>
>> 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
>>
>
>

The post was migrated from Yahoo.

question re deceased debtor

Posted: Mon Sep 09, 2013 2:44 pm
by Yahoo Bot

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
> California Law and give notice to a person in my office during regular
> business hours.
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
> 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

The post was migrated from Yahoo.

question re deceased debtor

Posted: Mon Sep 09, 2013 2:13 pm
by Yahoo Bot

Before converting to chapter 7 I would carefully investigate to determine
if the debtor remaining alive will receive any life insurance proceeds or
inheritance from the deceased. Section 541(a)(5)(C) provides that if the
debtor becomes entitled to an interest in life insurance proceeds "within
180 days" of the date of filing, that such proceeds become part of the
bankruptcy estate and would, therefore, be available to the chapter 7
trustee to pay creditors. On the other hand, the debtor could likely
voluntarily dismiss the chapter 13 case and keep any insurance proceeds.
*Link Schrader, Attorney*
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
Fax: (310) 878-4158; www.schrader-law.com

The post was migrated from Yahoo.

question re deceased debtor

Posted: Mon Aug 26, 2013 1:31 pm
by Yahoo Bot
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
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
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?-- Best Regards,Yelena Gurevich, Esq.
(818) 732-9083attylenagurevich@gmail.com
www.calgroup.org

The post was migrated from Yahoo.