Case Scenario 1: Jack, Jane, and the Debt That Shouldn’t Survive
Jack and Jane once had substantial assets and excellent credit. After financial collapse during their retirement years, Jane passes away while multiple creditor lawsuits are pending—some against Jane individually, one joint.
Creditor’s Likely MSJ Theory
- Joint liability
- Surviving spouse responsible
- Contract + default = judgment
What Jack Would Likely Do To Defeat Summary Judgment
Jack’s opposition would likely attack standing, capacity, and proof, not emotion.
Key defenses include:
- Failure of proof of survivorship liability: Creditors must establish that the debt legally survives Jane’s death and attaches solely to Jack under the governing agreement.
- Probate violations: Claims against a deceased debtor must comply with probate creditor-claim statutes. Civil courts lack jurisdiction to adjudicate bypassed probate claims.
- Evidentiary defects: Generic account statements, missing chain-of-assignment proof, or unauthenticated contracts are fatal under §437c.
Summary judgment is not inevitable—and in many such cases, it is procedurally improper.
