Judge Michael Parker Addresses the Dead Debtor Problem

 While it is not pleasant to contemplate, sometimes a debtor passes away before his case is completed. This raises the question of whether the case can go to completion and how to complete the financial management class. Judge Michael Parker addressed this issue in one of his first published opinions as a judge. (This is actually his third opinion, but the first one that I had the time to write about).  In re Ibarra, Case No. 19-52413 (Bankr. W.D. Tex. 6/1/2022), which can be found here.

What Happened

The Debtor filed Chapter 13 and confirmed a plan in 2019. The Debtor passed away on October 9, 2021 prior to completing payments under the Plan and before completing a personal financial management course. The debtor's probate estate representative and daughter made the remaining payments under the plan and moved for an order waiving the debtor's obligation to complete a financial management course. As the Judge succinctly stated, "Death prevents the Debtor from completing a financial management course." Opinion, p. 1.

Next Phase of Alex Jones Bankruptcy Gambit Unfolds

When Alex Jones filed bankruptcy for three of his entities holding intellectual property and contract rights, it wasn't immediately clear how these filings would help him resolve his larger legal problems. Now it has unfolded that Mr. Jones is using the bankruptcy filings as a vehicle for removing state court actions against him to federal court.  On April 18, 2022, attorneys for the Debtors removed eight state court lawsuits to U.S. Bankruptcy Court: five in Texas and three in Connecticut. 

Meet Judge Parker

 Judge Michael Parker was sworn in as the newest Bankruptcy Judge in the Western District of Texas on November 2, 2021. He was a law clerk to Judge Ronald B. King, the judge who he replaced and practiced in San Antonio with Norton Rose Fulbright for many years. He was kind enough to answer some written questions that I sent him and I did some research on my own. Here are some things you should know about Judge Parker.