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Rule 1016.  Death or Incompetency of Debtor


 

 

Death or incompetency of the debtor shall not abate a liquidation case under chapter 7 of the Code . In such event the estate shall be administered and the case concluded in the same manner, so far as possible, as though the death or incompetency had not occurred. If a reorganization, family farmer's debt ad­justment, or individual's debt adjustment case is pending under chapter 11, chapter 12, or chapter 13, the case may be dismissed; or if further administra­tion is possible and in the best interest of the parties, the case may proceed and be concluded in the same manner, so far as possible, as though the death or incompetency had not occurred.


(Amended Apr. 30, 1991, eff. Aug. 1, 1991.)

 

 

 

 

 

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