Fed. R. Bankr. P. 1016 — Death or Incompetency of a Debtor

Federal Rules of Bankruptcy Procedure

Rule 1016 — Death or Incompetency of a Debtor

Fed. R. Bankr. P. 1016

SourceFederal Rules of Bankruptcy Procedure

Rule1016

PART X[ABROGATED]

CitationFed. R. Bankr. P. 1016

Fed. R. Bankr. P. 1016 (Death or Incompetency of a Debtor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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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(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.

Advisory Committee Notes

(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)