Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
The estate of a deceased individual cannot file bankruptcy. See 11 U.S.C. § 109. While an estate cannot declare bankruptcy to stop a foreclosure, anyone with an interest (an
"interested persons" may include the Personal Representative, a beneficiary, heir or claimant) in the property can file bankruptcy and stop the foreclosure until such time as the court grants relief from the automatic stay.
If someone were to file Chapter 13 bankruptcy, it could give him/her time to negotiate with the lender and assign the loan and continue paying.