QUESTION
My sister and I are wondering as long as we agree to pay the debt she was passing, could we just do that without having anything else added?
Asked on Aug 20th, 2013 on Bankruptcy - Georgia
More details to this question:
My mom was paying Bankruptcy until she passed on August 15, 2013.
7 ANSWERS
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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I am sorry for the loss of your mother. However, there is not enough detail in your question to help you. See an attorney. You may not need to continue the bankruptcy for a variety of reasons. Call her Chapter 13 attorney, too.
Answered on Aug 27th, 2013 at 10:58 AM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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I am assuming by your question that it was a Chapter 13 case. In that event what you do next depends on whether she left an estate or not. If she did not leave any estate (IE no money/property/etc) then you probably don't have a reason to keep paying because you would not be liable for the debt, only the estate is. If she did leave an estate then you should consult an attorney to see if it is better to keep paying or to apply for a hardship discharge.
Answered on Aug 27th, 2013 at 10:58 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Have your mom's attorney file a memorandum notifying the court that she has passed on. You should not have to pay her debts.
Answered on Aug 27th, 2013 at 10:58 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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This question requires a full understanding of Moms assets and the estate.
Answered on Aug 27th, 2013 at 10:58 AM
If your Mother was in a Chapter 13, you may want to contact her attorney to ask about a hardship discharge. If your Mother was paying an attorney for possible representation in a Chapter 7, unless that case was filed before she died, it can not go forward. In many instances, the probate process can eliminate any debt your Mother may have owed. I know this is a difficult and stressful time. You may want to bring in a probate attorney for further advice. Probate may not be the monster most people believe it to be.
Answered on Aug 27th, 2013 at 10:58 AM
Deborah F. Bowinski
I'm very sorry for your loss. I don't quite understand your question, but my suggestion is that you and your sister contact your mother's bankruptcy attorney to see what he or she can tell you about the debts included in the filing and about how best to proceed at this point.
Answered on Aug 27th, 2013 at 10:58 AM
William Rhymer
Yes, as long as the Chapter 13 plan was already confirmed. If you ask to modify the case then you will have problems. But as long as you keep the plan payments current you should be able to pay out the case.
Answered on Aug 27th, 2013 at 10:49 AM