United States Code
USC most recently checked for updates: Jun 09, 2025
Rule 1016.
Death or Incompetency of a Debtor
(a)
In a Chapter 7 case, the debtor’s death or incompetency does not abate the case. The case continues, as far as possible, as though the death or incompetency had not occurred.
(b)
Upon the debtor’s death or incompetency in a Chapter 11, 12, or 13 case, the court may dismiss the case or may permit it to continue if further administration is possible and is in the parties’ best interests. If the case continues, it must proceed and be concluded in the same manner as though the death or incompetency had not occurred.
(As amended Apr. 30, 1991 , eff. Aug. 1, 1991 ; Apr. 2, 2024 , eff. Dec. 1, 2024 .)