Developed by John Gustafson prior to Judicial Appointment
XVIII. BANKRUPTCY AND DEATH.
A. Can The Dead File For Bankruptcy?
Bankruptcy courts have consistently held that the dead, and decedent's estates, cannot be debtors under the Bankruptcy Code. This holding is based upon 1) history; 2) legislative history; and 3) statutory construction. There is no direct authority allowing, or prohibiting, a decedent or a decedent's estate commencing a case under any chapter of the Bankruptcy Code.
The history of the treatment of decendent estates demonstrates that they . . .
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