Understanding the Interplay of Bankruptcy and Probate

David B. Young (Attorney at Law, McGinnis, Lochridge & Kilgore, L.L.P.) has recently published his article entitled The Intersection of Bankruptcy and Probate, 49 S. Tex. L. Rev. 351 (2007).

Here is the conclusion to his article:

This essay has only been able to touch a few of the high points of the interplay between probate and bankruptcy. The two specialized areas of practice, so similar in many respects, have much to learn from one another. The limits on the respective jurisdiction of probate and bankruptcy courts, what property each sort of court administers, when bankruptcy law depends upon and even incorporates state law and when it overrides state law, all afford opportunities for misunderstanding but also for cooperation. As with the state law insurance receivership systems, state law probate schemes may function in harmony with the federal bankruptcy system or they may clash with it. At least one key to ensuring that the former occurs more frequently than the latter is an effort by practitioners in each field to understand the other. One may hope that dialogue will increase.