Interesting! My experience with the Ch7 Trustees in this situation is other -- but yes I agree, I would contact the Ch7 Trustee by letter and attach a copy of the death certificate and see what her position is on this matter.
KEITH
To:
cdcbaa@yahoogroups.com
Sent: Wed, Oct 27, 2010 10:59 am
Subject: Re: [cdcbaa] 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.)
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
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(818)509-1173 (818)509-1460 (fax)
web:
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This Firm is a Qualified Federal Debt Relief Agency (see what this means athttp://bklaw.com/bankruptcy-blog/2008/09/debt-relief-agencies-definition/)
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On 10/27/2010 10:51 AM, Tyson wrote:
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
Yahoo! Groups Links
Interesting! My experience with the Ch7 Trustees in this situation is other copy of the death certificate and see what her position is on this matter.
KEITH
-----Original Message-----
To:
cdcbaa@yahoogroups.com
Sent: Wed, Oct 27, 2010 10:59 am
Subject: Re: [cdcbaa] 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.
