United States Code (Last Updated: May 24, 2014) |
AppendixAA 11a. BANKRUPTCY RULES |
Level FEDERAL RULES OF BANKRUPTCY PROCEDURE |
CourtRules BANKRUPTCY RULES |
Part I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF |
CourtRule 1004.1. Petition for an Infant or Incompetent Person
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If an infant or incompetent person has a representative, including a general guardian, committee, conservator, or similar fiduciary, the representative may file a voluntary petition on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may file a voluntary petition by next friend or guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person who is a debtor and is not otherwise represented or shall make any other order to protect the infant or incompetent debtor.
Miscellaneous
This rule is derived from Rule 17(c) F.R. Civ. P. It does not address the commencement of a case filed on behalf of a missing person. See, e.g., In re King, 234 B.R. 515 (Bankr. D.N.M. 1999)
Changes Made After Publication and Comments. No changes were made.