Legal Question in Wills and Trusts in Georgia
chap 13 after death of debtor
As Estate representative for my uncle,who was in Chapter 13 bankruptcy when he passed away.His only assestsincluded a home and two cars.There was only one debt that's an unsecured loan of $8,000.My question is am I responsible for the debt because I want to keep the property or should it be written off as a loss for the business that has the claim.
2 Answers from Attorneys
Re: chap 13 after death of debtor
If there are assets, debts don't disappear just because someone died. You need to talk with the attorney who filed the Chapter 13 to determine what is and is not owed and how to address it.
Re: chap 13 after death of debtor
In addition, the mere fact that you want the property doesn't mean you are entitled to it (in or out of bankruptcy), so that is another reason your question about your liability for the debt can't be answered.
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