As of April 30, 2019, there have been 258,537 individual bankruptcy filings nationwide with Chapter 7 and Chapter 13 cases representing 98% of all cases filed. Inevitably, at least one or more debtors will die during the pendency of an individual bankruptcy proceeding. The outcome of the proceedings will vary depending on a number of factors which are addressed by this article.

In 2006, the U.S. Supreme Court in Marshall v. Marshall recognized that the probate exception to federal court jurisdiction reserves to state probate courts the probate or annulment of a will and the administration of a decedent’s estate; it also precludes federal courts from endeavoring to dispose of property that is in the custody of a state probate court.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]