Local Rule 1004.1-1: PETITION - MINOR OR INCOMPETENT PERSON

Rule 1004.1-1 PETITION - MINOR OR INCOMPETENT PERSON

(a) PREPETITION APPOINTMENT OF REPRESENTATIVE. If, before the petition date, a representative has been appointed by a court under nonbankruptcy law for a debtor who is a minor or incompetent person, then a copy of the appointment instrument must be filed with a voluntary petition or with the alleged debtor's first pleading responding to an involuntary petition.

(b) NO PREPETITION APPOINTMENT OF REPRESENTATIVE. If, before the petition date, no representative has been appointed by a court under nonbankruptcy law for a debtor who is a minor or incompetent person, then a motion, made upon information and belief, for the court to appoint a next friend or guardian ad litem ("movant") for the debtor must be filed with a voluntary petition or with the alleged debtor's first pleading responding to an involuntary petition.

(1) The motion must be accompanied by the movant's declaration under penalty of perjury with the following information: (A) the movant's name, address, the relationship to the debtor (the movant's relationship to the debtor as spouse or other close relative who might have an interest in the debtor's financial affairs will not necessarily preclude granting the motion); (B) whether a representative was appointed for the debtor under nonbankruptcy law before the petition was filed; (C) why appointment of the movant as next friend or guardian ad litem is necessary; (D) why appointment of the movant would be in the debtor's best interest; (E) the flat fee or hourly rate, if any, that the movant would charge the debtor for serving as next friend or guardian ad litem; (F) the movant's criminal and professional history (at movant's written request, to be sealed or redacted in the court's sole discretion); (G) the movant's competence to handle the debtor's financial affairs, including the movant's knowledge of debtor's financial affairs; (H) whether the movant has any current or potential future interest in the debtor's financial affairs; and (I) whether any of the debtor's debts were incurred for the benefit of the movant.

(2) In cases where appointment is sought on behalf of an incompetent person, the declaration must be accompanied by the following documents: (A) a letter from the debtor's physician regarding the debtor's ability to conduct the debtor's own financial affairs; (B) a letter from the debtor's caregiver regarding the debtor's ability to conduct the debtor's own affairs; and (C) a copy of any power of attorney or other document giving the movant authority to act for the debtor.

(3) The motion and declaration must be served under Fed. R. Bank. Pr. 7004 on the debtor, and notice thereof must be provided to the trustee, all creditors, the Bankruptcy Administrator, any governmental entity from which the debtor is receiving funds, the debtor's closest relative, if known, and all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give notice.

(4) The court will hear the motion before the meeting of creditors under 11 U.S.C. § 341(a), if possible. The movant must appear to testify at the hearing, either in person or by telephone.

(c) In the event that the information required in subsections (b)(1) and (b)(2) above is unavailable at the time of the filing of the petition and motion, the movant shall have thirty days from the petition date within which to file the declaration and attachments. If the declaration and attachments are not filed within thirty days of the petition date, the case will be subject to dismissal. CROSS REFERENCES Local Bankruptcy Rule 1002-1(b), "Petition;" Local Bankruptcy Rule 1016-1, "Death & Incompetency."