Local Rule LR 1016-1: Death of Debtor

LR 1016-1 Death of Debtor

(a) This rule only applies to cases in which the debtor dies after completion of the meeting of creditors under 11 U.S.C. § 341, unless the court orders otherwise.

(b) If a debtor dies after filing a bankruptcy petition but before the court enters a discharge order, the attorney for the deceased debtor may file a declaration of death attesting, to the extent applicable, that the debtor died before completing the financial management course described by 11 U.S.C. § 111, and that either Fed. R. Bankr. P. 1007(b)(8) does not apply to the debtor or the attorney does not know of a basis on which the debtor may be found liable for a debt of the kind described in 11 U.S.C. § 522(q)(1)(B).

(c) The attorney must serve any declaration made under (b) on the trustee and the United States trustee giving notice that any party who wants to be heard on the declaration of death must file a request for a hearing within 14 days of service of the declaration. If the debtor has claimed a homestead exemption that exceeds the amount identified in 11 U.S.C. § 522(q)(1), then the attorney must also serve the declaration and notice on all creditors.

(d) If no objections are filed after the expiration of the time to object, the court may enter an order that

(1) the debtor is disabled for purposes of 11 U.S.C. § 109(h)(4), and

(2) there is no reasonable cause to believe that the debtor will be found guilty of a felony of the kind described in 11 U.S.C. § 522(q)(1)(A) or liable for a debt of the kind described in § 522(q)(1)(B).

(e) If the debtor's attorney files a declaration of death, then the trustee is excused from giving the notices required by 11 U.S.C. §§ 704(c)(1), 1202(c)(1)(C), and 1302(d)(1)(C).