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Death or Incompetency of a Debtor: Continuing or Dismissing the Case

1016:  Death or Incompetency of a Debtor:  Continuing or Dismissing the Case

FRBP 1016 provides authority to continue or dismiss a case if a debtor is incompetent or has passed away.

  • Chapter 7 Case -- Death or incompetency does not abate the case, and the trustee continues the case as far as possible as if the death or incompetency has not occured.
  • Chapter 11. 12 or 13 Case -- The court has authority to dismiss the case or to continue the case if further administration is possible and continuance is in the best interest of parties.  Please check the website of the presiding judge to determine if that judge has specified a procedure to follow to obtain court authority.  If there is no specified procedure, file a motion and serve it on the U.S. trustee, case trustee, and all creditors using the procedure of either LBR 9013-1(o) or schedule a hearing under LBR 9013-1(d).  
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
1016