Rule · Federal Rules of Bankruptcy Procedure

Fed. R. Bankr. P. 1004.1 — Voluntary Petition on Behalf of an Infant or Incompetent Person

Fed. R. Bankr. P. 1004.1

Type
Rule
Source
Federal Rules of Bankruptcy Procedure
Jurisdiction
Federal
Date
2026-10-22
Current through
Nov 10, 2026 (Office of the Law Revision Counsel)

(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.

Citator

Fed. R. Bankr. P. 1004.1 — Voluntary Petition on Behalf of an Infant or Incompetent Person is in force in the current edition of the Code, and nothing recorded condemns it.

(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.