What can happen if my mother passed away 2 years ago and she was in Chapter 13 Bankruptcy and I’m the administrator of the estate? 8 Answers as of November 21, 2014

Also 2 dwellings on the property that are occupied and have been my 54 years in 1. My son and family lived with my mother for years before her death.

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EDWARD P RUSSELL | EDWARD P RUSSELL
Any property that she owned will pass to her heirs under the will.
Answer Applies to: Minnesota
Replied: 11/21/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
So what has been happening in the past two years? Have the plan payments been made? If not, the Chapter 13 case most likely was dismissed. If so, whoever has been making the payments may wish to continue doing so in order to obtain the discharge. Someone ought to be talking to mom's bankruptcy attorney. A hardship discharge could also be possible if the Chapter 13 case is still active.
Answer Applies to: Nevada
Replied: 11/20/2014
Ronald K. Nims LLC | Ronald K. Nims
Death does not end a bankruptcy case. The bankruptcy court still has control over the deceased debtor's assets and the obligation to sell the assets and use the proceeds to pay off her creditors. Anything which is left over after the bankruptcy will go into the probate estate.
Answer Applies to: Ohio
Replied: 11/20/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If someone is paying the Ch13 plan payments, the case is still open. I have had clients pass the case keeps going as long as the payments are made. On the estate/probate issues you will have to consult with local counsel.
Answer Applies to: California
Replied: 11/20/2014
Stephens Gourley & Bywater | David A. Stephens
The chapter 13 bankruptcy should be dismissed or converted to chapter 7. The administrator of the estate has authority to do this.
Answer Applies to: Nevada
Replied: 11/20/2014
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You definitely should consult a lawyer or lawyers experienced in both bankruptcy and probate matters in your jurisdiction. In some cases, the bankruptcy case is allowed to be completed just as if the debtor were alive (and there are several ways to do so). In others, the BR case is closed, and the debts resolved in probate court. I think this is the more frequent way of doing it. However, if I understand you correctly, your mother died two years ago. Which would mean that in all likelihood no one has been paying in to the Ch. 13 Plan. When that happens, and lasts more than a month or two, the Court generally dismisses the case, and it is as if it had never been filed, except that the creditors have to credit the money they received from the Trustee against their claims. As you can see, you really do need an experienced lawyer to handle these two intertwined matters. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 11/19/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Federal Rule of Bankruptcy Procedure, Rule 1016 states, in part: "...If a reorganization... or individual's debt adjustment case is pending under... 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 thought the death or incompetency had not occurred." You should contact the attorney who filed the case to discuss the appropriate action to take in her case. If it was not filed by an attorney, you should contact an attorney to obtain assistance with this matter.
    Answer Applies to: California
    Replied: 11/19/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    The bankruptcy needs to be dismissed and the properties need to be probated.
    Answer Applies to: Nevada
    Replied: 11/19/2014
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