Local Rule LR 1004.1-1: Petitions Filed on Debtor's Behalf by a Court-Appointed Representative, Holder of Power of Attorney, Next Friend, or Proposed Guardian Ad Litem

LR 1004.1-1 Petitions Filed on Debtor's Behalf by a Court-Appointed Representative, Holder of Power of Attorney, Next Friend, or Proposed Guardian Ad Litem

(a) Signing of petition. If a bankruptcy petition is filed on behalf of a debtor by a court-appointed representative, the holder of a power of attorney, a proposed next friend, or a proposed guardian ad litem (a "Non-Debtor Filing Party"), the petition must be signed by the Non-Debtor Filing Party and must state the Non-Debtor Filing Party's authority for acting on the debtor's behalf in filing the petition, i.e., must state, for example, that the person signing the petition is a court-appointed representative, the holder of a power of attorney, a proposed next friend, or a proposed guardian ad litem.

(b) Motion for appointment of next friend or guardian ad litem.

(1) Timing. A motion seeking appointment as the debtor's next friend or guardian ad litem pursuant to Rule 1004.1 of the Federal Rules of Bankruptcy Procedure must be filed with any petition filed by a Non-Debtor Filing Party or as soon as possible after the need for the appointment arises in all other cases.

(2) Contents of motion. The motion must identify the specific duties which the proposed next friend or guardian seeks authority to perform on the debtor's behalf and must specify the circumstances justifying a grant of that authority.

(3) Declaration. The motion must be accompanied by a Declaration that states the following:

(A) the proposed next friend or guardian's name, address, and relationship to the debtor;

(B) whether the proposed next friend or guardian or any other person (to the best of the Non-Debtor Filing Party's knowledge, information and belief) was previously authorized to act as the debtor's representative, and, if another person was so authorized, that person's name, address, and relationship to the debtor;

(C) facts sufficient to authenticate copies of all powers of attorney, court orders, or instruments authorizing action on the debtor's behalf that are filed as exhibits to the Declaration;

(D) why the debtor is unable to file the petition or otherwise unable to manage their financial affairs on their own behalf;

(E) whether the debtor has authorized the filing of the petition;

(F) how filing bankruptcy will benefit the debtor;

(G) why the proposed next friend or guardian is competent to handle the debtor's financial affairs and how much knowledge the proposed next friend or guardian has of the debtor's financial affairs;

(H) whether any of the debtor's debts were incurred for the benefit of the proposed next friend or guardian;

(I) whether the Non-Debtor Filing Party expects to be compensated for serving as the debtor's next friend or guardian ad litem and the source of that compensation; and

(J) the names and addresses of any persons known to the proposed next friend or guardian who may object to the filing of the petition on the debtor's behalf.

(4) Proposed order. A proposed order must be separately filed when filing the motion.

(5) Additional supporting documents. Copies of all powers of attorney, court orders, or instruments authorizing the proposed next friend or guardian and any other person to act on the debtor's behalf must be filed as exhibits to the proposed next friend or guardian's Declaration required by this rule.

(6) Service. The motion, Declaration, and proposed order must be served on the debtor, any trustee, the United States trustee, and any person identified in paragraphs (b)(3)(B) & (J) of this rule.