Legal Question in Bankruptcy in Missouri

If you have filed bankruptcy Ch11 and included your cemetery plot and headstone in the declaration, can the cemetery require you to pay the balance before you can be buried with your spouse ?


Asked on 8/21/10, 8:09 pm

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

I believe so. This would seem to be a type of secured debt, like a house or car. The three options with secured debt are Redeem (pay the fair market value in a lump sum), Reaffirm (continue paying with a signed Reaffirmation Agreement) or Surrender (give back the property and walk away from any deficiency). There is sometimes a fourth 'unofficial' option to simply keep making the payments without an official reaffirmation agreement, and the Redeem option requires either an agreement with the creditor or a court proceeding.

I am primarily a consumer bankruptcy attorney, and have not dealt with Chapter 11. So you might want to check with your original attorney who handled your Chapter 11 for any caveats.

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Answered on 9/14/10, 9:06 am


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