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    Death of spouse during joint ch13

    If a spouse dies during the term of a joint ch13 bankruptcy. Is there anything thta needs to be addressed with the Trustee. I don't think I can survive the lost wages that my wife had contributed.

    #2
    I hope this is a hypothetical question and has not really happened to you!!

    But, if you are in this situation,.............

    First,... God Bless you and your family. My deepest sympathies for your loss.

    Second. Contact your attny IMMEDIATELY!!

    If you filed Pro Se, Call your Trustee IMMEDIATELY!!

    If ever a plan needed emergency attention for ammending, it's now!!

    Your wife's lost wages is a concern for down the road. You have immediate expenses that must be tended to as well. Funeral and burial costs, and heavens only knows what else.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Originally posted by Greg0538
      If a spouse dies during the term of a joint ch13 bankruptcy. Is there anything thta needs to be addressed with the Trustee. I don't think I can survive the lost wages that my wife had contributed.
      Yes, you need to contact your attorney and file an amended plan. I am assuming your wife has either passed or has a terminal illness and soon will since you used the word "if". You might even try to get a hardship discharge from making the payments.

      I am truely sorry for your situation.
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        Please accept my deepest sympathy for your loss. Call your attorney immediately or the trustee whichever is the case.

        Again, I am so sorry to hear of your loss.

        Do keep in touch.

        jane
        Filed: 2/24/2006
        341 mtg: 4/4/2006:angel:
        Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

        Comment


          #5
          Deepest sympathies from me as well, and like the others said, its definitely
          time for a modification. You might even qualify for a chapter 7 now. However, if life insurance proceeds are a possibility that may come into play as well.
          Regardless, a visit with your attorney is definitely due.

          Take care.

          Comment


            #6
            Thank you all!

            Thank you for the advice. My wife is terminally ill and will pass soon. We have been on a 5 year 100% plan for almost a year now. Things had actually been going pretty smooth in the plan until 6 months ago when she was diagnosed with cancer. She was in and out of work for a while but is now unable to take care of herself. I will contact our Atty. for advice. Thanks again.

            Comment


              #7
              I am so sorry for you and your wife, Greg.

              Heartfelt wishes and prayers go out to both you and your wife.

              Just remember that we are here, any time, for you to talk, vent, or if you need a shoulder to lean on.

              We don't have much to give, but sometimes, the support of this wonderful group of people is all it takes to give you strength to face the next challenge!
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                Greg0538, I am so sorry for the terrible times you are going through. The last thing you should have to worry about at this time is your bankruptcy so you can concentrate on your wife. Contact your attorney and let him/her ease this burden.
                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                Comment


                  #9
                  Thanks for sharing your situation, this must be very difficult for you, I will be holding you and your wife in the light as you progress through this life change. Best wishes and I truly hope your life will improve with time.

                  Sincerely,

                  bkbiker

                  Comment


                    #10
                    I cannot imagine what you must be experiencing right now! Please know that you are in my thoughts and prayers. We are all here for you--this is a great group of people who are so caring. Always feel free to PM me anytime you just need to vent.

                    God bless you--

                    jane
                    Filed: 2/24/2006
                    341 mtg: 4/4/2006:angel:
                    Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

                    Comment


                      #11
                      Greg I am very sorry to hear of this. Please use the Forum for support even if you just need to cry. Please keep us posted about this issue also. Our prayers and sympathies are with the both of you.

                      God Bless you and your wife,
                      robivi
                      "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

                      Join the Mobile Infantry and save the world. Service guarantees citizenship.

                      Comment

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