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Roger
Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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can I declare bankruptcy for someone who is deceased

Resolved Question:

can I declare bankruptcy for someone who is deceased?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 8 years ago.

No. A deceased person cannot have a bankruptcy filed primarily because all of a deceased person's property immediately goes into his/her estate at the time of death. If the estate does not have enough money to satisfy the debts, the creditors are paid on a pro rata basis set by state statute.

 

A creditor just loses/charges off whatever portion of its debt isn't covered by the assets of the estate.

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