Does a chapter 7 discharge order entered after the death of the debtor have to reference that the debtor is no longer living?
No, nothing in the Bankruptcy Code or Rules requires that a discharge order entered after the death of the debtor reference the debtor’s death. Rule 1016 of the Bankruptcy Rules specifically provides that a chapter 7 bankruptcy case should be administered, so far as possible, as though the death had not occurred. Further, commentary in legislative history provides that if a debtor dies during the bankruptcy case, the discharge will apply in personam to relieve the debtor, and thus his probate representative, of liability from discharged debts. If a chapter 11, 12, or 13 case is pending when the debtor dies, the case may be dismissed or may proceed if further administration is possible and in the best interest of the parties. See Federal Rule of Bankruptcy Procedure 1016.
Related Questions
- Does a chapter 7 discharge order entered after the death of the debtor have to reference that the debtor is no longer living?
- Once a chapter 7 or chapter 13 case is completed, are there other requirements before a debtor receives a discharge?
- What are the grounds for the Bankruptcy Court denying the debtor a discharge in a Chapter 7 bankruptcy case?
