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(a) Chapter 7 Case. In a Chapter 7 case, the debtor’s death or incompetency does not abate the case. The case continues, as far as possible, as though the death or incompetency had not occurred.
(b) Chapter 11, 12, or 13 Case. Upon the debtor’s death or incompetency in a Chapter 11, 12, or 13 case, the court may dismiss the case or may permit it to continue if further administration is possible and is in the parties’ best interests. If the case continues, it must proceed and be concluded in the same manner as though the death or incompetency had not occurred.
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| Article | Date |
|---|---|
| Benchnotes Oct 2015 | 09/30/2015 |
Quality educational content from all ABI conferences.
| Article | Date |
|---|---|
| Consumer Track: Current Developments in Consumer Bankruptcy | 08/28/2014 |
| The Nuts & Bolts of Chapter 13 | 11/04/2013 |
| ABCs of Representing Consumers in Bankruptcy Cases | 09/22/2010 |
| Disposable Income: Choosing a Chapter under the Means Test: Part I | 10/11/2008 |
