My sister and I are wondering as long as we agree to pay the debt she was passing, could we just do that without having anything else added? 14 Answers as of August 27, 2013

My mom was paying Bankruptcy until she passed on August 15, 2013.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You should speak to her attorney. The courts need to be notified of her death.
Answer Applies to: New York
Replied: 8/27/2013
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Yes, as long as the Chapter 13 plan was already confirmed. If you ask to modify the case then you will have problems. But as long as you keep the plan payments current you should be able to pay out the case.
Answer Applies to: Georgia
Replied: 8/27/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Your mom's bkry case can continue as long as someone makes the payments.
Answer Applies to: New York
Replied: 8/27/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can pay off her ch13 if you want. Just keep sending the payments to the trustee.
Answer Applies to: California
Replied: 8/27/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
If your Mother was in a Chapter 13, you may want to contact her attorney to ask about a hardship discharge. If your Mother was paying an attorney for possible representation in a Chapter 7, unless that case was filed before she died, it can not go forward. In many instances, the probate process can eliminate any debt your Mother may have owed. I know this is a difficult and stressful time. You may want to bring in a probate attorney for further advice. Probate may not be the monster most people believe it to be.
Answer Applies to: Nevada
Replied: 8/27/2013
    Danville Law Group | Scott Jordan
    I am sorry for your loss. You should contact your mother's bankruptcy attorney and advise him/her of your mother's passing. The attorney should be able to file a Hardship Motion and seek and immediate discharge. If your mother was unrepresented, please feel free to call me to discuss further.
    Answer Applies to: California
    Replied: 8/27/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    I am sorry for the loss of your mother. However, there is not enough detail in your question to help you. See an attorney. You may not need to continue the bankruptcy for a variety of reasons. Call her Chapter 13 attorney, too.
    Answer Applies to: Wisconsin
    Replied: 8/27/2013
    Law Offices of Patrick Edaburn | Patrick Edaburn
    I am assuming by your question that it was a Chapter 13 case. In that event what you do next depends on whether she left an estate or not. If she did not leave any estate (IE no money/property/etc) then you probably don't have a reason to keep paying because you would not be liable for the debt, only the estate is. If she did leave an estate then you should consult an attorney to see if it is better to keep paying or to apply for a hardship discharge.
    Answer Applies to: California
    Replied: 8/27/2013
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Most likely but you should contact her bankruptcy attorney.
    Answer Applies to: South Carolina
    Replied: 8/27/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    I'm very sorry for your loss. I don't quite understand your question, but my suggestion is that you and your sister contact your mother's bankruptcy attorney to see what he or she can tell you about the debts included in the filing and about how best to proceed at this point.
    Answer Applies to: Colorado
    Replied: 8/27/2013
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    Unless you actually co-signed to be obligated to pay your mom's debt, you do not owe it and should not pay it. If a bill collector is telling you otherwise, you should contact a lawyer.
    Answer Applies to: Illinois
    Replied: 8/27/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney