What Happens When An Individual Who Is In Bankruptcy Dies

The only real issue that could change when an individual going through bankruptcy dies relates to their assets. Generally, an asset is either exempt (meaning it remains the property of the bankrupt(, or not, (meaning it becomes the property of the trustee).  Under Saskatchewan law, exempt assets generally pass to the heirs of a deceassed individual so there is usually no issue with those assest. If however, an individual is buying a non-exempt asset back from the trustee (typically a vehicle) the trustee would have the duty to sell the asset if the bankrupt has not fully paid for it. It might also be the case that, if they are insurance proceeds payable to the deceased, those would flow into the bankruptcy as well. However, the remainder of the process usually just continues and the deceased bankrupt's estate will eventually receive its discharge from bankruptcy (although this may require the trustee to make a court application to waive counselling or other duties that the deceased can no longer perform). Ian Schofied MNP Regina 306-790-7904   I should also mention that is possible for the estate of a deceased individual to be placed into bankruptcy, should this be necessary.