Chapter 13 Debtor Who Died During Case Cannot Convert to Chapter 7

Chapter 13 Debtor Who Died During Case Cannot Convert to Chapter 7

The question presented to the court is whether a deceased chapter 13 debtor may convert to chapter 7 and obtain a discharge. Debtors argue in favor of conversion.

Debtors filed a joint chapter 13 case on December 29, 2015. The court confirmed a sixty month plan on July 28, 2016. The Debtor Wife died on August 12, 2017. Without the Wife’s income, the Debtor Husband cannot complete the chapter 13 plan and on August 25, 2017, a Notice of Voluntary Conversion from Chapter 13 to Chapter 7 was filed on behalf of both debtors. The court issued a Notice of Intent to Sever the Case and reconvert Debtor Wife to chapter 13 because she was not eligible to convert to Chapter 7. Debtor Husband objected and filed a memorandum of law in support of allowing the conversion for Debtor Wife to stand.

Please note, in order to view NACBA Member Content, you must sign in and then visit NEWS. If you are not a NACBA member, you may Become a NACBA Member 

No Comments

Post a Comment