Local Rule 1016-2: Motion for Relief Upon Debtor's Death
Bankr. S.D. Cal. — General rule
1016-2. Motion for Relief Upon Debtor's Death. When a debtor dies during a bankruptcy case, claims for relief, including but not limited to the following, may be requested in a single motion:
(a) Substitution as the representative for or successor to the deceased debtor in the bankruptcy case [FRCP 25(a), (b); FRBP 1004.1 & 7025];
(b) Continued administration of a case under chapter 11, 12, or 13 [FRBP 1016];
(c) Waiver of post-petition education requirement for entry of discharge [11 U.S.C. §§ 727(a)(11), 1328(g)]; or
(d) Waiver of the certification requirements for entry of discharge in a chapter 13 case, to the extent that the representative for or successor to the deceased debtor can demonstrate an inability to provide such certifications [11 U.S.C. § 1328]. Any request for dismissal must be filed separately.