QUESTION
Can the personal representative of an estate file for bankruptcy?
Asked on Jun 05th, 2012 on Bankruptcy - Maryland
More details to this question:
The estate has outstanding attorney fees and back tax returns that have not been filed. The estate has been broke for years and this attorney has been sending bills for years with interest accumulating. The estate has no means to pay. Can it file for bankruptcy?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
No. An "estate" is not a "person" as defined in the Bankruptcy Code (11 U.S.C. 101(41)) and cannot file a bankruptcy.
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
Answered on Jun 12th, 2012 at 12:03 AM