The loan would be part of the bankruptcy filing. I can't see how the death of the cosigner is significant. (In financial terms, that is.)
The ESTATE is responsible.
Creditors/lenders will attempt almost anything to collect a debt. It is unlikely that a lender could place a claim against a deceased cosigner's estate and be awarded a judgment. But, there are no certainties in the murky creditor vs. debtor arena.
The spouse would only be responsible if they lived in a community property state. Even then it is doubtful the contract would be valid if there were an attempt to collect the debt.
Signing on a note is not the same as being on the deed. She certainly has a claim on the property, particularly if she helped pay the mortgage.
Estates do not go bankrupt. The assets are inventoried and valued and the debts are listed. The executor proposes a settlement to the court. If it is accepted, the estate is closed.
The ESTATE is responsible.
Yes, but he is unlikely to get paid. The family of the deceased owes nothing for the decedent's debt load unless they cosigned a loan.
No.
No just return the moneies
The cosigner now owes for the loan.
No, Kentucky is not a community property state.
Consult with an attorney who can review your situation and explain your options, if any.
An executor cannot file for bankruptcy in the name of the decedent.
The events from before the bankruptcy filing or discharge make no difference to anything incurred after. It is not a lifetime forgiveness!
The spouse is not responsible and should not have this on her credit. But the estate of the deceased will still be responsible for the debt.
Creditors/lenders will attempt almost anything to collect a debt. It is unlikely that a lender could place a claim against a deceased cosigner's estate and be awarded a judgment. But, there are no certainties in the murky creditor vs. debtor arena.
An administrator or executor of the estate needs to be appointed and file an appearance in the bankruptcy court. The case can continue to discharge of debts of the deceased. Get an experienced bankruptcy lawyer if there no attorney of record.