Motion for Relief Upon Debtor’s Death. When a debtor dies during a bankruptcy

U.S. Bankruptcy Court for the Southern District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of California

Rule: 1016-2

Jurisdiction: SDCAB

Bluebook Citation: Bankr. S.D. Cal. R. 1016-2

All Rules: Bankr. S.D. Cal. Local Bankruptcy Rules, complete index


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case, claims for relief, including but not limited to the following, may be requested in a single motion: (a) Substitution as the representative for or successor to the deceased debtor in the bankruptcy case [FRCP 25(a), (b); FRBP 1004.1 & 7025]; (b) Continued administration of a case under chapter 11, 12, or 13 [FRBP 1016]; (c) Waiver of post-petition education requirement for entry of discharge [11 U.S.C. §§ 727(a)(11), 1328(g)]; or (d) Waiver of the certification requirements for entry of discharge in a chapter 13 case, to the extent that the representative for or successor to the deceased debtor can demonstrate an inability to provide such certifications [11 U.S.C. § 1328]. Any request for dismissal must be filed separately. [The next Rule is 1017]

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