Hawkins v. Eads (In Re Eads)

MEMORANDUM DECISION ON MOTION TO SUBSTITUTE PROPER PARTY

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

The death of Patsy Eads, who is a debtor in this bankruptcy case and a defendant in this adversary proceeding, occasions this decision regarding the effect of death in the context of a bankruptcy case and an adversary proceeding. I write because of the dearth of reported decisions on: (1) procedure following death of a debtor; (2) procedure following death of a party to a bankruptcy adversary proceeding; and (3) abatement of various causes of action that arise under the Bankruptcy Code.

At the time…