Legal Question in Bankruptcy in Louisiana

Death of spouse

If my spouse dies, then do my payments of my bankruptcy change?

Asked on 5/30/04, 12:30 pm

2 Answers from Attorneys

Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Death of spouse

Though you done state it, I assume you are in Ch. 13, rather than a Ch. 11. I also assume that your income and expenditures have changed as a result of the death of your spouse. If both of the above are true, then you should seek a modification of your plan based on your current income and expenses. The attorney who filed your bankruptcy is in the best position to advise you properly and I suggest you consult him or her.

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Answered on 5/30/04, 1:31 pm

Hardy Parkerson Retired Attorney; now Law Professor

Re: Death of spouse

Dear Young Man,

I surely would not get into an argument about it, but I believe you are right. Even though the money was owed to your mother by court order, you are a third-party beneficiary; and if you can show you were deprived of things you otherwise would have received through your mother if your father had paid his child support, assuming he had been ordered to pay and did not do so, I think you could maintain an action against him and recover some money. As I say, I would not get into an argument over it with the other lawyer. He may know more than I about this; but sometimes lawyers have to look and see if an injustice has been done, and then set about to correct it. I believe that for every injustice the law lends a rememdy, and it is just up to a good lawyer to figure out that remedy and to pursue it until justice is done. That's just one lawyer's opinion. Don't just take my word for it, keep checking. Now the vote is one for and one against. I say yes. LeBlanc says no. As I say, he may be right; but I think I am.


Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 5/30/04, 9:33 pm

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