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Why bother? No one can legally inheret debt. Actually debt can be "inherited" if the deceased left a spouse and the married couple resided in a community property state, the debts then revert to the spouse whether he or she incurred them. In non-community property states the deceased's debts are included along with all nonexempt assets and property in the probate procedure. The nonexempt assets and property are then liquidated to pay debts according to their priority and to the extent that funds are available.

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2008-12-29 00:33:07
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Q: Can an executor file bankruptcy for the deceased debts?
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Can you file bankruptcy on your deceased spouses debts?

No.


What happens to a bankruptcy when someone dies?

An administrator or executor of the estate needs to be appointed and file an appearance in the bankruptcy court. The case can continue to discharge of debts of the deceased. Get an experienced bankruptcy lawyer if there no attorney of record.


Is it possible for the executrix of an estate to file corrupt bankruptcy for that deceased individual?

An executor cannot file for bankruptcy in the name of the decedent.


Can you file bankruptcy as executer of estate?

No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.No. You cannot file bankruptcy as the executor of an estate. If there are not enough assets to pay the debts of the decedent the executor can file a petition to have the estate declared insolvent. You should consult with the attorney who is handling the estate or an advocate at the court.


Can a surviving spouse file bankruptcy for a decease spouse?

The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.


Can a personal representative on an estate file bankruptcy on behalf of the estate or on behalf of the deceased to avoid paying back taxes?

Estates do not go bankrupt. The assets are inventoried and valued and the debts are listed. The executor proposes a settlement to the court. If it is accepted, the estate is closed.


If you have a loan with your thrift savings at work do you have to file on it if you file bankruptcy?

You need to include all of your debts in the bankruptcy.


Are wills registered if person is not deceased?

NO, a will is kept in the custody of the person or the appointed executor. Once the person is deceased the executor would file it and start the probate process.


Can you file for bankruptcy with a repo on your credit?

The fact that you have a repossession on your credit report is not a determining factor of whether your can file for bankruptcy. Generally in bankruptcy you can remove the debts from the repossession of your vehicle.


What are the two chapters a business can file bankruptcy under?

You can file bankruptcy for two possible reasons: you are unable to pay your debts or your creditors file for bankruptcy if you owe them more than 1000 dollars.


Can a man file bankruptcy without his wife's involvement and if he does how will she be affected?

A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).


If you live in one state and have debts in different states can you file Chapter 13 Bankruptcy on all debts including them?

Yes. Bankruptcy is a Federal Government function. It effects debts in all states.

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