Local Rule RULE 1007–3: Power of Attorney and Declaration Required

RULE 1007–3 Power of Attorney and Declaration Required A petition filed by the holder of a power of attorney (the "Filing Party") must be accompanied by a copy of the power of attorney and the Filing Party's declaration under penalty of perjury ("Declaration"). The Declaration must include (a) the Filing Party's name, address, and relationship to the debtor; (b) whether a guardian or other representative was appointed for the debtor under nonbankruptcy law before the petition was filed; (c) whether the debtor has been adjudicated an incompetent person; (d) whether the power of attorney expressly authorizes the filing of a bankruptcy petition; (e) whether the debtor consents to the bankruptcy filing; (f) the reason for filing the bankruptcy case; (g) whether any of the debtor's debts were incurred for the benefit of the Filing Party and whether the Filing Party is a party in interest in the bankruptcy case; (h) why the debtor is unable to file the petition himself or herself or is otherwise unable to manage his or her financial affairs; and (i) the names and addresses of all immediate family members, if known. The signature on the petition, Declaration, and any other documents signed by the Filing Party must reflect that the Filing Party signed as attorney in fact for the debtor (i.e., "/s/ John Smith, Attorney in fact on behalf of Debtor"). The Filing Party must serve a copy of the petition, the power of attorney, and the Declaration on the debtor, the debtor's immediate family members (if known), any other party required to be served by the instrument which authorized the Filing Party to file the petition, and all parties in interest.