(a) If a bankruptcy petition is filed on a debtor’s behalf by a representative, such as a guardian
or conservator appointed by a court of competent jurisdiction before the filing of the petition, a
copy of the appointment instrument shall be filed with the petition.
(b) If a bankruptcy petition is filed on a debtor’s behalf by the holder of a power of attorney,
proposed guardian ad litem, or proposed next friend (the “Filing Party”), a motion shall be filed
with the petition requesting that the Court appoint the Filing Party to be the debtor’s
representative. The motion shall attach either (1) a copy of the power of attorney that the Filing
Party asserts grants the authority to act on the debtor’s behalf in the bankruptcy proceeding or
(2) a declaration executed by the Filing Party under penalty of perjury that details why a
representative should be appointed for the debtor, why appointment of the Filing Party is in the
best interests of the debtor, and whether the Filing Party will receive any compensation for
assisting the debtor.
(c) If during the course of a bankruptcy proceeding the debtor becomes incompetent,
any party in interest including the proposed “next friend” may file a motion to appoint a
representative to act on the debtor’s behalf. The motion shall state why a representative should
be appointed for the debtor, why the appointment of the proposed “next friend” is in the best
interests of the debtor, and whether the proposed “next friend” will receive any compensation for assisting the debtor.
L. Rule 1002-1. COMMENCEMENT OF CASE | LOCEAL COURT RULES INDX | Rule 1005-1. CAPTION OF PETITION |