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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In CALIFORNIA Can I as the Executrix of my Mothers estate

Resolved Question:


Can I as the Executrix of my Mother's estate file a bankruptcy for her estate?
She quitclaimed her unpaid for home to a trust, of which I am the trustee, not the beneficiary

The house is about to be sold at a Foreclosure Auction. Can we prevent this from happening as I am still living in the home?

Her estate is insolvent, she has some outstanding bills with American Express, Storage, a Citibank loan and the Franchise Tax Board

What is your advice?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 years ago.

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.






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