Federal Rules of Bankruptcy Procedure
Rule 1016 — Death or Incompetency of a Debtor
Fed. R. Bankr. P. 1016
This text of Fed. R. Bankr. P. 1016 (Death or Incompetency of a Debtor) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Fed. R. Bankr. P. 1016.
Text
(a)CHAPTER 7 CASE. In a Chapter 7 case, the debtor’s death or
incompetency does not abate the case. The case continues, as far
as possible, as though the death or incompetency had not oc-
curred.
(b)CHAPTER11, 12, OR13 CASE. Upon the debtor’s death or incom-
petency in a Chapter 11, 12, or 13 case, the court may dismiss the
case or may permit it to continue if further administration is pos-
sible and is in the parties’ best interests. If the case continues, it
must proceed and be concluded in the same manner as though the
death or incompetency had not occurred.
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Advisory Committee Notes
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)
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Fed. R. Bankr. P. 1016, Counsel Stack Legal Research, https://law.counselstack.com/rule/frbp/1016.