Wisconsin, not to mention quite a few of the states in the West and Southwest, recognizes “community property” between husband and wife. Usually we think about “community property” in connection with a divorce and matrimonial proceedings. However, community property also brings us to a concept recognized in bankruptcy as community claims. This idea has a [...]
Death and Bankruptcy
People considering bankruptcy must tell their lawyer every claim that anyone has against them. A claim is basically a right to payment. Somebody who holds a claim is a “creditor”. Claims can come in many varieties. Claims may be: reduced to judgment or not A judgment is a court order to pay money immediately to the [...]
It happens all too often, and it is always sad. A family member dies with outstanding debts, and the collectors call the survivors. You are generally not responsible simply because you were a relative, although there may be a special law in your state for some limited purpose. In Massachusetts, a spouse is obligated for [...]
Losing a loved one can be very difficult, especially if your spouse or other loved one dies unexpectedly. What happens to debts owed by the deceased after his or her death? Laws vary from State to State, but in many cases the departed’s estate becomes responsible for outstanding debt. However this does not necessarily mean [...]
Scott Hanson, a news reporter and anchor with WESH-Channel 2 in Orlando, wrote an article that would be funny if it weren’t so sad. His father died, and yet he continued to receive letters demanding payment, despite Mr. Handon’s repeated letters in response. The article may be read by clicking on this link.
The Internet is a wonderful place. No matter what the topic, there is an article about it that is dead wrong. Such is the case with a recent story (in the fullest extent of the word) I read, “When Someone Dies, Who Is Responsible for Paying His Debts?” that appeared here. This story is full [...]
