Death And Bankruptcy

November 7th, 2008 by Reed Allmand

When a debtor in Chapter 7 bankruptcy dies, what happens to the case? Well surprisingly, the dead don’t get off the hook that easily. According to precedent set by previous bankruptcy cases a debtor can also include the dead. The Chapter 7 bankruptcy case would continue and a judgment will be made based on the available information. If the debtor, who is now deceased, would have received a discharge in life, then he will also receive a discharge in death. Or, on the other hand, creditors may liquidate the estate of the deceased estate to satisfy debts. But if the case is discharged the estate of the deceased cannot be seized and the heirs of the deceased will not be responsible for paying debts in probate court.

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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