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Local Bankr.R.1016-1

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Local Bankr. R. 1016-1 Death or Incompetency of a Debtor.

EFFECTIVE MARCH 16, 2026

Within thirty (30) days of learning of (i) the death of a Debtor or (ii) a finding of incompetency or legal incapacity of a Debtor through appropriate legal process, the attorney for the Debtor shall file and serve on all parties-in-interest in the bankruptcy case a Notice of the Debtor’s Death or Incompetency.  If the Debtor is a Self-Represented Filer/Litigant, any person who becomes aware of the Debtor’s death or incompetency may file the Notice. 

A Notice of Death must be accompanied either by a copy of the death certificate, published obituary, a copy of some other government-issued document evidencing the death, or a brief explanation of why none of these can be obtained.  The Notice of Death or Incompetency must provide only notice of the death or incompetency of a Debtor and may not include any other request for relief.  Any relief related to the death or incompetency of a Debtor must be requested by separate motion.