Local Rule 1016-1: Death or Incompetency of a Debtor.
Bankr. D.S.D. — General rule
Rule 1016-1. Death or Incompetency of a Debtor.
(a) Death of a debtor–administration of case continues. If a debtor dies during the administration of a case but the administration of the case can continue as provided by Fed.R.Bankr.P. 1016, the debtor's attorney or a legally appointed representative of the debtor's testate or intestate estate shall file a statement advising the Court of the debtor's death and setting forth the date of death, the date any legal representative was appointed, and the contact information for any legally appointed representative. The statement shall be served on parties in interest not electronically served.
(b) Death of a debtor–administration of case cannot continue. If a debtor dies during the administration of the case and the administration of the case cannot continue, the debtor's attorney, the case trustee, or a legally appointed representative of the debtor's testate or intestate estate shall move to dismiss the case.
(c) Incompetency of a debtor. If a debtor becomes incompetent during the administration of the case, the guardian or conservator appointed for the debtor shall file a statement advising the Court of the debtor's incompetency and setting forth the date the guardian or conservator was appointed and the contact information for the guardian or conservator. A copy of the guardianship or conservatorship order shall be attached to the statement. The statement shall be served on parties in interest not electronically served.
REFERENCES: 11 U.S.C. §§ 707, 1112, 1208, and 1307; Fed.R.Bankr.P. 1016.
Practice Pointer: Most often, a legal representative appointed for a deceased debtor or a guardian or conservator appointed for an incompetent debtor will need to retain an attorney admitted to the federal bar for this district to assist in complying with this rule and filing the necessary documents. The representative, guardian, or conservator may file the documents required by this rule only if he or she is an attorney admitted to the federal bar for this district.