If your loved one has passed away while in a Chapter 13 bankruptcy, it’s important to understand the next steps you need to take. Losing a loved one is already difficult and emotional, and dealing with bankruptcy can add extra stress. In this guide, we will explain what you need to do next.
Understanding Chapter 13 Bankruptcy
Before we discuss what happens when a loved one dies while in a Chapter 13 bankruptcy, it’s important to have a basic understanding of what Chapter 13 bankruptcy is and how it works.
Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to reorganize their debts and repay a portion of them over three to five years. The bankruptcy court will create a repayment plan outlining how much the individual must pay each month to their creditors. Once the repayment plan is completed, the individual’s remaining unsecured debts will be discharged.
What Happens When a Loved One Dies While in a Chapter 13 Bankruptcy?
The bankruptcy case does not end automatically if your loved one has passed away while in a Chapter 13 bankruptcy. The bankruptcy estate created by the case still exists and needs to be resolved following bankruptcy laws.
The first step is to notify your loved one’s bankruptcy attorney. Each jurisdiction may have different procedures for handling the death of someone within a bankruptcy. A qualified bankruptcy attorney can work in conjunction with the Chapter 13 Trustee and help offer you as many options as possible and discuss the benefits and drawbacks of each of those options.
The second step is to notify the bankruptcy trustee assigned to the case of the individual’s passing. The trustee will need to be notified so that they can take the necessary steps to wind down the bankruptcy estate.
If the individual was married, the bankruptcy case might continue with the surviving spouse taking over the payments in accordance with the repayment plan. However, if the individual was not married, the bankruptcy case may need to be dismissed.
What Happens to the Remaining Debt?
If your loved one passed away while in a Chapter 13 bankruptcy and had completed all payments required by the Chapter 13 plan or has a loved one who completed the payments in the Chapter 13 plan on their behalf, the remaining unsecured debts should be discharged. However, suppose the individual had not completed all payments at the time of their passing and does not have a loved one who can complete the payments on their behalf; in that case, the remaining debt may still need to be paid outside of the bankruptcy once it is dismissed.
If there is insufficient money in the bankruptcy estate to pay the remaining debt, the remaining debt may be discharged through a hardship discharge. However, if there are assets that can be liquidated to pay off the remaining debt, the trustee may take these steps to satisfy the debts.
Sometimes, the individual’s estate may need to go through the probate process to settle any remaining debts or claims.
Conclusion
Losing a loved one is difficult and emotional, and dealing with bankruptcy can add extra stress. If your loved one has passed away while in a Chapter 13 bankruptcy, it’s important to notify notify your loved ones bankruptcy attorney who can then reach out to the bankruptcy trustee. They can then work with you to help you understand what steps need to be taken to wind down the bankruptcy estate. The remaining debt may still need to be paid, depending on the individual’s repayment plan and the assets in the bankruptcy estate. Again, a bankruptcy attorney can guide and assist in navigating this difficult time.
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