What Would Happen If....

Question:
If I were to pass away while a bankruptcy is in progress, what would happen to my husband? In other words, if I have surgery or whatever and don't pull through, how would my spouse be affected? I've searched the archives but haven't really found this question asked before. Thank you.

Answer:
It depends on whether you're in a Chapter 13 or a Chapter 7. In a 13, once your Plan has been confirmed, you may be eligible for a hardship discharge. Otherwise, so long as payments are kept current, it doesn't matter who they're made by. In a Chapter 7, if the Meeting of Creditors has occurred, the discharge would normally be entered after the bar date passes. If not, the Personal Respresentative/Executor of your estate would appear. Please note that an estate can not file for bankruptcy.






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