Local Rule Rule 1016-1: Death of a Debtor or Party.

Rule 1016-1. Death of a Debtor or Party.

(a) In the event of the death of an individual debtor or party in an open case, a joint debtor or attorney for the decedent must file a notice of the death as soon as practicable and include a redacted copy of the death certificate, if available. Any interested person, including the personal representative of the decedent's estate, may file a notice of death. In a case under chapter 11, 12, or 13, the decedent's case may be dismissed after notice and an opportunity for a hearing unless an interested person files a motion to continue the case, supported by a declaration, seeking appropriate findings under FRBP 1016 and any appropriate waiver of the decedent's obligations to file LBF 525 and proof of completion of the financial-management course required by § 1328(g). If the movant requests a waiver of the requirement to file LBF 525, the movant must either file an LBF 525 signed by the movant or other person providing the information for that form or the portion of that information known to the signer, or the movant must state in the declaration that, after making reasonable inquiry, the movant lacks that information and does not know that any other person, including any surviving spouse, former spouse, or adult child of the decedent, has that information.

(b) The declaration required by (a) must discuss how plan payments will be made and how parties will be affected by allowing the case to proceed.

(c) In the event of the death of an individual debtor in an open case, a surviving debtor or personal representative must file a notice of the initiation of any probate proceeding.