Peter Francis Geraci explains Bankruptcy Discharge for Deceased Debtor

Many of our clients are elderly, and we file their Chapter 13s to protect their paid off home and repay creditors with lower interest and no late payments.  Occasionally, a husband or wife will pass away during the case.  In this case, the wife passed at the end of the case, after they completed the payments, but before completing the requirement of certifying that she had no outstanding Domestic Support Obligations.  You would think that it would “go without saying” that a 78 year old grandmother was not under any court order to pay support, but that is the law.  Since the wife was deceased, Geraci Law attorney Megan Hayes obtained an affidavit from the surviving spouse, and when the Clerk marked it a “non-conforming document”, the kindly bankruptcy judge issued an order on the Clerk to make it conform, and both the surviving spouse and the deceased debtor received their discharge.  I am very proud of all the 76+ Geraci Law attorneys, not to mention our fine paralegals, for this kind of service to our clients.  As Shakespeare put over 400 years ago in in Measure for Measure, which was all about lawyers, “Good counselors lack no clients”!

Author: Peter Francis Geraci, Bankruptcy Attorney and Financial Expert

Founding member of Geraci Law L.L.C., a multi-state consumer bankruptcy law firm with over 70 attorneys. One of the largest and oldest consumer bankruptcy law practices in the country. Founding member of Geraci, Arreola, and Hernandez, a personal injury law firm with landmark personal injury and medical malpractice rulings. CEO of Professional Financial Guidance L.L.C. and PFG Credit Counseling, Inc., online providers of bankruptcy debtor education and credit counseling.