Rule 1004.1 Voluntary Petition on Behalf of an Infant or Incompetent Person
Part I: Commencing a Bankruptcy Case; the Petition, the Order for Relief, and Related Matters
Rule Text
(a) Represented Infant or Incompetent Person.
If an infant or an incompetent person has a representative—such as a general guardian, committee, conservator, or similar fiduciary—the representative may file a voluntary petition on behalf of the infant or incompetent person.
(b) Unrepresented Infant or Incompetent Person.
If an infant or an incompetent person does not have a representative:
(1) a next friend or guardian ad litem may file the petition; and
(2) the court must appoint a guardian ad litem or issue any other order needed to protect the interests of the infant debtor or incompetent debtor.
Amendment history: (Added Apr. 29, 2002, eff. Dec. 1, 2002; amended Apr. 2, 2024, eff. Dec. 1, 2024.)