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Rule 1016

Feiffer, In re

Mar
28
2025
Ruling
Conversion of debtor artist’s Chapter 13 case to Chapter 11 following his death was not permitted as a probate estate is not a "person" eligible to be a Chapter 11 debtor. (Bankr. N.D.N.Y.)
Issue(s)
Death or Incompetency of Debtor.

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Consumer opinion summary, case decided on March 28, 2025 , LexisNexis #0525-099
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In re Soto

Jul
14
2015
Ruling
Hearing was necessary to determine if debtor was competent or required a guardian ad litem.
Issue(s)
Should a guardian ad litem be appointed to represent debtor due to alleged disability and medical condition?

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Consumer opinion summary, case decided on July 14, 2015 , LexisNexis #0815-033
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In re Shepherd

Mar
28
2013
Ruling
Personal representative of decedent debtor's estate could not be substituted for debtor to continue case.
Procedural posture

The personal representative of debtor's estate filed a motion asking to be substituted for debtor in this proceeding and, assuming that was accomplished, use that new status to seek modification of the confirmed plan. The matter was before the court to consider those issues, following a hearing and the submission of briefs. There were no objections to either motion from any creditor or other party in interest.

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Consumer opinion summary, case decided on March 28, 2013 , LexisNexis #0513-098
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