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Next Friends
Fellow member:
It is a very simple process and no motion is required. Contact Kay Marchwho has a great roadmap for filing a petition as "Next Friend". The daughter
signs both the petition and the retainer as "next friend".
Keith Higginbotham
In a message dated 1/22/2008 11:51:28 A.M. Pacific Standard Time,
bklawr@yahoo.com writes:
re-visiting this issue, since I may have to file a CH. 13 for a demented
debtor....My questions are:
1. How do you word the retainer agreement? In other words, who signs it,the next friend (i.e. daughter) or the debtor, or both? This seems more
important to me than who signs the bankruptcy petition.
2. Is there a motion that needs to be done to establish the next friend as
"official", or is simply signing the petition sufficient?
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(818)509-1173 (818)509-1460 (fax)
web: _http://www.bklaw.http_ (http://www.bklaw.com/)
This Firm is a Qualified Federal Debt Relief Agency
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To: _cdcbaa@yahoogroups.cdc_ (mailto:cdcbaa@yahoogroups.com)
Sent: Wednesday, August 08, 2007 12:16 PM
Subject: RE: [cdcbaa] Next Friends
In my opinion, as a matter of law, the NF stands in the shoes of the debtor
for all purposes. They are swearing under penalty of perjury that everything
in the petition is true and correct or is based on information and belief.The debtor has signed nothing and makes no written averments. The
questioning at the 341 is of the NF, but if the debtor can answer questions, then they
should respond. If there responses are expected to be off the wall, then the
trustee should be so advised ahead of time. I had a case in the probatecourt recently where we were transferring the community assets of the spouses
from the demented spouse to the well spouse to qualify the ill spouse forMediCal for long term care. The judge asked the demented spouse a number of yes
and no questions regarding his approval of the transfer. He answered yes to
all the questions, which was good for out petition being granted, but
according to his wife, he answers yes to everything. My point is that he could just
as well have been in the habit of saying no to everything, with the same
lack of relevance. Your debtor could give off the wall answers that could be
very damning if they came from a lucid person, but which must be understood to
be the answers of someone who is demented and is therefore inherently
unreliable.
Patrick T. Green, Esq.
Fitzgerald & Green, Attorneys at Law
1010 E. Union Street Suite 206
Pasadena, ,
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