Official Procedure Last Change December 1, 2020
How to file:
Location of event: Bankruptcy > Notices & Certifications > Debtor's Death, Notice of
- A Notice of Debtor's Death should be filed with the court in the event of a debtor's death. The attorney or other designated representative may sign this document and should be contacted if the court is aware of the debtor’s death but no such notice has been filed.
- The filing of a Notice of Debtor's Death does not automatically terminate the case. It will continue to be administered for the benefit of the deceased debtor's estate unless a Motion to Dismiss, or in a chapter 12 or 13 case, a Motion for Entry of Discharge or a Motion for Hardship Discharge is filed.
- The court does not require a Certification of Eligibility or a Certification of Financial Management to be filed in order for a discharge to be issued on behalf of the deceased debtor.
- Use of the court's sample form is recommended.
- The Notice of Debtor’s Death must be signed by the deceased debtor’s attorney or designated representative.
- The Notice must be notarized, or contain "penalty of perjury" and "true and correct language.
1. Log into CM/ECF.
2. Select Bankruptcy > Notices & Certifications.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Debtor's Death, Notice of from the event list and click Next.
5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.
6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
8. Final docket text is displayed. Click Next.
9. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.