Legal Question in Bankruptcy in Tennessee

Re: Death and Bankruptcy

Short answer -- the bankruptcy case will not be transferred to the family.

If your father passes away before the ch. 13 case is concluded, I believe the trustee who oversees the case would file a motion and have the case dismissed. There are some questions you should ask? First, how many months are left on your father's ch. 13 plan (repayment schedule)? Did he file the case pro se (without an attorney)? If he has an attorney contact him and find out the number of months left on his plan. If there are many months remaining I probably would file a motion to change the case from a ch. 13 repayment to a chapter 7 dissolution. The reason I suggest this is that the debts should be discharged (eliminated) in either Chapter 13 or 7 before your father dies. Otherwise the debts would still be legally owing and creditors could make claims against your father's estate. Ch. 13 necessarily takes longer to achieve a discharge of debts (typically 3-5 years) then a ch. 7 (3-5 months). ph. (800) 303-0720