Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
The creditors heirs are entitled to receive the payments, generally through the decedent creditor's probate estate.
Do you have any other questions?
did you have questions/
yes, mother had made about 19 payments, there is no probate or estate her home was a tod to her son, there is no savings or cash left anywhere
so the son would be entitled to the payments, just like an inheritance. The debtor is not off the hook, the plan must still pay that creditor (to the heirs)
i believe u have misunderstood the question, it was mother who was in bankruptcy, the house will be tranferred to the son, can the unsecured creditoer who has only received 19 pymnts still put a lien on the house, or make the son responsible for the balance of her payments
So, let me see if I understand: Mom (debtor) was paying creditor monthly payments in a chapter 13 bankruptcy.
Is that correct/
Who died mom? or person receiving the funds?
I see. So the debtor died, not the creditor.
Well, 2 things can happen.
If the payments stop, the case will get dismissed.
The case can continue, if payments are made. the issue though is the discharge at the end of the case.
Mom's attorney would need to bring a motion to grant discharge and waive the requirement to file certificates at the end of the case.
o k , so the son can't lose the house or have to pay the balance left to be paid, the debtor is listed as unsecured in the bankruptcy
you are confusing creditor and debtor
mom is the debtor
bank is the creditor.
If the case is dismissed, the bank can foreclose on the property, unless the mortgage gets paid.
Generally, assets are put thru probate, and are liquidated to pay off creditors owed.
I'm referring to non-mortgage debts
The creditors may often close the case if the debtor's executor sends them a notice of passing with the death cert.
the house does not have a mortgage, the debt is owed to another proffessional person whom is unsecured by a lien or anything against the home
you should talk to a probate attorney.
Since the home is paid, there is equity that has to be accounted for
probate balances assets and debts
it seemed like a simple question, i just wanted to make sure that the son can not b held liable for any unpaid, unsecured bankruptcy payments still pending, and end up losing the home or being responsible for unpaid backruptcy debt
the son is not responsible for the bankruptcy payemnts.
If the case is dismissed, the creditors have a claim in probate against available assets.
that is why you should talk to a probate attorney
or the balance owed to the person the payments were going to?
the son can pay off that debt, sure
well that's the point, he wouldn't b able to afford to do so, voluntarily or otherwise
The creditor could have a claim against the assets in probate.
Now, some assets can pass thru probate clear, so talk to a probate attorney.
let me know if you have any other questions.
and good luck to alll
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