[CLBS] Deceased chapter 13 client

[Matt Shriver]

I have a client in a chapter 13 who recently passed way. There is no co-debtor.

Rule 1016 says that a case on under chapter 13 "may be dismissed" and also that death of the debtor does not "abate a liquidation case under chapter 7."

Instead of dismissing the case, is there a basis for converting it to a chapter 7 if she would have otherwise qualified except for the means test? If so, does the PR appear at the 341? Also, it appears that there may have been some non-exempt assets. If I can convert to a 7, property of the estate and exemptions are determined on the petition date, correct? Are there any concerns about post-petition debts/property I should be aware of?

Any thoughts or assistance is appreciated.

Sincerely,



Matthew K. Shriver
Foley Freeman, PLLC
1224 1st Street South, Suite 301
Nampa, Idaho 83651

P.O. Box 1059
Nampa, ID 83653

Office:  (208) 318-0045
Fax:  (208) 466-3529

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