Debtor Died Post-Petition, Not Required to Complete Instructional Course

The Court in In re Tembulak, ___ B.R. ___ (2007 WL 420188 (Bankr. D.N.J.) held that a debtor who died after filing chapter 7 bankruptcy was exempted from BAPCPA’s requirement to complete an instructional course concerning peronal financial management after the filing of the petition in order to obtain a discharge. The Court based its decision on section 109(h)(4) which allows a bankruptcy court to waive the requirement of a personal financial management course for debtors who are incapacited, disabled, or on active military duty in a military combat zone.

Jordan E. Bublick, Attorney at Law, Practice Limited to Bankruptcy Law, Board Certified Specialist in Consumer Bankruptcy Law (American Board of Certification), Member of the Florida Bar since 1983