What happens upon the death of a person who declared bankruptcy in 2011, who did not obtain a discharge, while the trustee obtained theirs in 2015? Will the heirs still be entitled to any life insurance, bank account money, or other assets of the deceased?
When a person dies without being discharged from bankruptcy, and the trustee is discharged, that person's debts are not extinguished, and creditors can still pursue their estate.
For life insurance, everything depends on who the beneficiaries are. You should consult a lawyer about this.
For life insurance, everything depends on who the beneficiaries are. You should consult a lawyer about this.
Questions reliées
- A month before our separation, we bought a boat using a joint line of credit. My ex kept the boat, which means I still have a loan in my name that I have no control over. What are my options for removing my name from the joint loan?
- A year ago, I signed a car-sharing agreement with my ex-partner. We have since separated, and I have experienced significant financial difficulties and am planning to file for bankruptcy. Given my inability to pay for the car, can I include it in the bankruptcy proceedings? If my ex is ultimately held responsible for the car, can he take legal action against me and demand payment or anything similar? The car payments haven't been made for four months, and it will soon be repossessed by the finance company.
- Are the monthly bankruptcy fees the same for everyone, or do they depend on income? Also, if my spouse and I both want to file for bankruptcy, will we have to pay twice or only once? We have joint debts and each have personal loans. How does this work in that case?
- Does a protection clause also apply to a tax/government debt if I inherit during or before bankruptcy proceedings? And if the death of the person leaving an inheritance occurs before bankruptcy but bankruptcy proceedings have not yet begun? Is that inheritance still subject to seizure?
- Does marrying someone who is personally bankrupt (not discharged) make me responsible in any way or affect me personally?
