Fed. R. Bankr. P. 1004.1

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Rule 1004.1 - Petition for an Infant or Incompetent Person

If an infant or incompetent person has a representative, including a general guardian, committee, conservator, or similar fiduciary, the representative may file a voluntary petition on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may file a voluntary petition by next friend or guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person who is a debtor and is not otherwise represented or shall make any other order to protect the infant or incompetent debtor.

11 APPENDIX U.S.C. § 1004.1

Added Apr. 29, 2002, eff. Dec. 1, 2002.

COMMITTEE NOTES ON RULES-2002This rule is derived from Rule 17(c) F.R. Civ. P. It does not address the commencement of a case filed on behalf of a missing person. See, e.g., In re King, 234 B.R. 515 (Bankr. D.N.M. 1999)Changes Made After Publication and Comments. No changes were made.