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Frequently Asked Questions About Other Issues
My family member/spouse, who has a chapter 13 bankruptcy has passed away. What should I do?
Do you need an official copy of a court document?
Answers To Questions About Other Issues
Both my wife and I filed a joint chapter 13 case. Do we need to attend the §341 Meeting of Creditors?
The answer is yes. In only exceptional and rare circumstances the court may consider the matter and excuse a debtor from attending a §341 meeting, but a motion must be filed with the court.
My family member/spouse, who has a chapter 13 bankruptcy has passed away. What should I do?
You should call the attorney who represented the deceased in the bankruptcy
case.
a) If it is a joint filing, there is no need to take any action so long
as you wish to continue the bankruptcy, however, you should still make
your attorney aware of the death.
b) If it is an individual filing, once the trustee is aware of the death
of a debtor, the trustee must file a motion to dismiss the case.
c) You may do nothing, and let the case be dismissed for lack of payments.
Do you need an official copy of a court document?
You may contact Judicial Reasearch and Retreival and request an official copy of your court documents. Their phone number is 813-228-7200. They currently charge $5.00 for the research charge and $0.09 per copied page plus postage/fax costs.
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