ORDER DENYING MOTION TO EXCUSE DEBTOR, DAVID K. ROBLING, FROM REQUIREMENT OF FILING THE CERTIFICATION REGARDING DOMESTIC SUPPORT OBLIGATION (FORM B283) AND THE CERTIFICATION OF COMPLETION OF PERSONAL FINANCIAL MANAGEMENT (FORMB23)

THOMAS J. TUCKER, Bankruptcy Judge.

This case is before the Court on a motion, purportedly filed by both of the Debtors, entitled "Motion to Excuse Debtor, David Robling, from Requirement of Filing the Certification Regarding Domestic Support Obligation (Form B 283) and the Certification of Completion of Personal Financial Management (Form B23)" (Docket # 56, the "Motion"). The Motion, which was filed on September 30, 2016, seeks a waiver of the requirement that Debtor David K. Robling complete a financial management course and file a Certificate of Completion of Financial Management Course and the requirement that Debtor David K. Robling file a certification regarding Domestic Support Obligation. The Motion states that Debtor David K. Robling died on April 25, 2014.

The Motion must be denied for the following reasons.

First, the Motion does not show that it was filed by or on behalf of anyone with standing to seek the relief sought. The Debtor David K. Robling died more than 2 years before the Motion was filed, so neither Debtor Colleen M. Robling nor her attorney had authority or standing to file the Motion seeking relief on behalf of Debtor David K. Robling.

Only a personal representative duly appointed by the probate court under the laws of the State of Michigan may file a motion seeking relief on behalf of the deceased Debtor, David K. Robling. See In re Hamilton, 274 B.R. 266, 267 (W.D. Tex. 2001) (citing In re Lucio, 251 B.R. 705, 708-09 (Bankr. W.D. Tex. 2000))("[W]hen a debtor dies, the only person who can then appear on the debtor's behalf is the person so named as the official representative of the probate estate of the debtor."); Mich. Comp. Laws Ann. § 700.3103 (stating, in relevant part, that "[e]xcept as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a decedent's personal representative, a person must be appointed by the register or by court order, must qualify, and must be issued letters"); Mich. Comp. Laws Ann. § 700.3703(3)(stating that "[e]xcept as to a proceeding that does not survive the decedent's death, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of another jurisdiction as the decedent had immediately prior to death").

Second, the Court determined in its order filed on November 3, 2011, (Docket # 36) that neither of the Debtors is eligible for a discharge in this Chapter 13 case. The relief sought by the Motion, therefore, would serve no useful purpose.

Accordingly,

IT IS ORDERED that the Motion (Docket # 56) is denied.