2000 US Code
Title 11 - BANKRUPTCY
TITLE 11 - APPENDIX
FEDERAL RULES OF BANKRUPTCY PROCEDURE AND OFFICIAL BANKRUPTCY FORMS
Rule 1016 - Death or Incompetency of Debtor
View Metadata| Publication Title | United States Code, 2000 Edition, Title 11 - BANKRUPTCY |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 11 - BANKRUPTCY TITLE 11 - APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE AND OFFICIAL BANKRUPTCY FORMS PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF Rule 1016 - Death or Incompetency of Debtor |
| Contains | rule 1016 |
| Date | 2000 |
| Laws in Effect as of Date | January 2, 2001 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | As amended Apr. 30, 1991, eff. Aug. 1, 1991. |
Rule 1016. Death or Incompetency of Debtor
Death or incompetency of the debtor shall not abate a liquidation case under chapter 7 of the Code. In such event the estate shall be administered and the case concluded in the same manner, so far as possible, as though the death or incompetency had not occurred. If a reorganization, family farmer's debt adjustment, or individual's debt adjustment case is pending under chapter 11, chapter 12, or chapter 13, the case may be dismissed; or if further administration is possible and in the best interest of the parties, the case may proceed and be concluded in the same manner, so far as possible, as though the death or incompetency had not occurred.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Notes of Advisory Committee on Rules—1983This rule is derived from former Rules 118 and 11–16. In a chapter 11 reorganization case or chapter 13 individual's debt adjustment case, the likelihood is that the case will be dismissed.
Notes of Advisory Committee on Rules—1991 AmendmentThis rule is amended to conform to 25 F.R.Civ.P. and to include chapter 12 cases.
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