Rule 1004.1 Federal Rules of Bankruptcy Procedure

Rule 1004.1 of the Federal Rules of Bankruptcy Procedure is about Voluntary Petition on Behalf of an Infant or Incompetent Person. It is under Part I (Commencement of Case; Proceedings Relating to Petition and Order for Relief) of the Rules.

(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.