Local Rule 1074-1: CORPORATIONS AND OTHER ARTIFICIAL ENTITIES

BANKRUPTCY LOCAL RULE 1074-1 CORPORATIONS AND OTHER ARTIFICIAL ENTITIES

(a) Authority to File Petition. When a voluntary petition is filed by an entity other than a natural person, a copy of the resolution or other document authorizing the filing of the petition, or a verified document evidencing the consent of all general partners, must be attached to the petition as an exhibit.

(b) Designation of Responsible Individual. Every debtor that is an artificial entity must designate a natural person to be responsible for performing the debtor's duties in bankruptcy. The responsible individual must reside on Guam, unless the court orders otherwise. The designation must be filed within 14 days after the date the petition is filed and must include the individual's name, position, address, telephone number, and email address, and must include the individual's consent. If more than one individual is designated, the designation must specify each individual's responsibilities.

(c) Representation by Counsel.

(1) Chapter 11 Debtor in Possession. Every chapter 11 debtor in possession that is an artificial entity must be represented by an attorney whose employment is subject to court approval under § 327(a).

(2) Contested Matters and Adversary Proceedings. Except for requesting an award of compensation as a professional, an artificial entity must appear through counsel when acting as a party in a contested matter or adversary proceeding.