Notification of Deceased or Incompetent Debtor

Rev. 05/01/19

NOTIFICATION OF DECEASED OR INCOMPETENT DEBTOR

Overview:

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. If a reorganization, family farmer's debt adjustment, or individual's debt adjustment case is pending under chapter 11, chapter 12, or chapter 13, the case may be dismissed; or if further administration is possible and in the best interest of the parties, the case may proceed and be concluded in the same manner, so far as possible, as though the death or incompetency had not occurred.

This filing should be accompanied by a certificate of death or incompetency as appropriate.

A deceased person may not file a bankruptcy petition.
 

Codes, Rules and Forms:

Bankruptcy Code:

None

Bankruptcy Rule:

 1016 

Local Rule:

None

Local  Form:

None

 

CM/ECF Event(s):

            Miscellaneous, Notification of Deceased or Incompetent Debtor