In Re Graham

OPINION

EMIL F. GOLDHABER, Chief Judge:

In a case of first impression in this district, the issue at bench is whether we may grant a chapter 13 debtor a hardship discharge notwithstanding the decease of said debtor. For the reasons outlined below, we will grant the debtor a hardship discharge pursuant to 11 U.S.C. § 1328(b) of the Bankruptcy Code (“the Code”).

The facts underlying this case are as follows: 1 The debtor filed his chapter 13 petition in 1981. The plan filed with the debtor’s petition provided for 40 monthly payments to the chapter 13 trustee of $140.00 each, for a total of…