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Next Friend Petition
I believe that "next friend" is only used if there is no re existing Power
of attorney or court appointed conservator. I understand that only 25% of
the population has proper estate planning so it's a good thing we have "next
friend". I say existing POA, because I assume that if the PC can sign a
POA, he/she can sign a petition.
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150
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body{font-family: Geneva,Arial,Helvetica,sans-serif;font-size:9pt;background-color: #ffffff;color: black;}
As I tell my kids, I am always listening.
24, 2013 12:30 PM To: cdcbaa@yahoogroups.com Subject: Re: [cdcbaa] Next Friend Petition
I was afraid you were listening.
Sent from my Verizon Wireless BlackBerry
Sender: cdcbaa@yahoogroups.com
Date: Fri, 24 May 2013 11:19:16 -0700
To: <cdcbaa@yahoogroups.com>
ReplyTo: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Next Friend Petition
I accepted you volunteering to prepare such an article.
Stella
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of pat@fitzgreenlaw.comSent: Friday, May 24, 2013 11:11 AMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Next Friend Petition
No motion needed. Next friend (NF) is in lieu of POA, ctor, etc. NF signs all pleadings. E.g Jim King by his next friend Pat Green, under FRBP 1004.1.I have answered this question more than a few times on this listserve over the years. I guess I need to do an article in the newsletter.Pat Green
Sent from my Verizon Wireless BlackBerry
@mcesq.com" target_blank>gm@mcesq.com>
Sender: cdcbaa@yahoogroups.com
Date: Fri, 24 May 2013 10:59:10 -0700
To: <cdcbaa@yahoogroups.com>
ReplyTo: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Next Friend Petition
Listmates,
My Rutter Guide is useless on this issue (FRBP 1004.1), and I have one to file. My questions:
1. Must the next friend have (a) power of attorney for the incompetent for the purpose of filing a Chapter 7; (b) a formal conservatorship; (c) simply a familial relationship (i.e. spouse, child or step-child)?
2. Does the next friend sign the papers?
3. Are there additional forms or declarations necessary so that the court recognizes the next friend?
4. Can anyone give me a case cite where theyve done it?
5. Is there anything else I need to know?
Gerry McNally
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
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The post was migrated from Yahoo.
I have done it with a simple POA
Jonathan D. Leventhal, Esq.
Leventhal Law Group, P. C.
818.347.5800
To: "cdcbaa@yahoogroups.com"
Sent: 05/24/2013 10:59 AM
Subject: [cdcbaa] Next Friend Petition
Listmates,
My Rutter Guide is useless on this issue (FRBP 1004.1), and I have one to file. My questions:
1. Must the next friend have (a) power of attorney for the incompetent for the purpose of filing a Chapter 7; (b) a formal conservatorship; (c) simply a familial relationship (i.e. spouse, child or step-child)?
2. Does the next friend sign the papers?
3. Are there additional forms or declarations necessary so that the court recognizes the next friend?
4. Can anyone give me a case cite where theyve done it?
5. Is there anything else I need to know?
Gerry McNally
[cid:image001.jpg@01CE586D.68AE8370]
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
I have done it with a simple POA
Jonathan D. Leventhal, Esq.
Leventhal Law Group, P. C.
818.347.5800
To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>
Sent: 05/24/2013 10:59 AM
Subject: [cdcbaa] Next Friend Petition
Listmates,
My Rutter Guide is useless on this issue (FRBP 1004.1), and I have one to file. My questions:
1.
Must the next friend have (a) power of attorney for the incompetent for the purpose of filing a Chapter 7; (b) a formal conservatorship; (c) simply a familial relationship (i.e. spouse, child or step-child)?
2.
Does the next friend sign the papers?
3.
Are there additional forms or declarations necessary so that the court recognizes the next friend?
4.
Can anyone give me a case cite where theyve done it?
5.
Is there anything else I need to know?
Gerry McNally
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review,
use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for
your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including
any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
creation-date="Fri, 24 May 2013 17:59:04 GMT";
modification-date="Fri, 24 May 2013 17:59:04 GMT"
The post was migrated from Yahoo.
We had a presentation on this at the cdcbaa last year I recall. Check the
documents uploaded to the group site.
On Fri, May 24, 2013 at 10:59 AM, Gerald McNally wrote:
> **
>
>
> Listmates,****
>
> ** **
>
> My Rutter Guide is useless on this issue (FRBP 1004.1), and I have one to
> file. My questions:****
>
> ** **
>
> **1. **Must the next friend have (a) power of attorney for the
> incompetent for the purpose of filing a Chapter 7; (b) a formal
> conservatorship; (c) simply a familial relationship (i.e. spouse, child or
> step-child)?****
>
> **2. **Does the next friend sign the papers?****
>
> **3. **Are there additional forms or declarations necessary so that
> the court recognizes the next friend?****
>
> **4. **Can anyone give me a case cite where theyve done it?****
>
> **5. **Is there anything else I need to know?****
>
> ** **
>
> Gerry McNally****
>
> ** **
>
> [image: McNally Bus Card Smaller]****
>
> ** **
>
> Gerald McNally****
>
> McNally & Associates, P.C.****
>
> 517 East Wilson Ave., Ste 104****
>
> Glendale, CA 91206****
>
> 818.507.5100****
>
> Fax: 818.507.5001****
>
> ** **
>
> Notice to Recipient: This email is meant for only the intended recipient
> of the transmission and may be a communication privileged by law. If you
> received this email in error, and review, use, dissemination, distribution
> or copying of this email is strictly prohibited. Please notify us
> immediately of the error by return email and please delete this message and
> any and all duplicates of this message from your system. Thank you in
> advance for your cooperation.****
>
> ** **
>
> *IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code or (ii) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.*
>
> ** **
>
>
>
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
We had a presentation on this at the cdcbaa last year I recall. Check the documents uploaded to the group site.On Fri, May 24, 2013 at 10:59 AM, Gerald McNally <gm@mcesq.com> wrote:
Listmates,My Rutter Guide is useless on this issue (FRBP 1004.1), and I have one to file. My questions:
1. Must the next friend have (a) power of attorney for the incompetent for the purpose of filing a Chapter 7; (b) a formal conservatorship; (c) simply a familial relationship (i.e. spouse, child or step-child)?
2. Does the next friend sign the papers?3. Are there additional forms or declarations necessary so that the court recognizes the next friend?
4. Can anyone give me a case cite where theyve done it?5. Is there anything else I need to know?
Gerry McNally
Gerald McNallyMcNally & Associates, P.C.517 East Wilson Ave., Ste 104
Glendale, CA 91206818.507.5100Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of CertificationWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
X-Attachment-Id: 58d0480ece85cfe_0.1
X-Attachment-Id: 58d0480ece85cfe_0.1
The post was migrated from Yahoo.
Not sure about the next friend, but I filed ch 7 where the debtor was under conservatorship and had conservator sign all documents and the petition. Had to provide proof of the conservatorship to the trustee, but otherwise a normal case.
Please note our new Thousand Oaks office address below.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
325 E. Hillcrest Dr., #150
Thousand Oaks, CA 91360-7799
(805) 446-6262 Phone
(661) 222-2922 Phone
(805) 446-6264 Fax
This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
A bad day on the bike is better than a good day on the golf course.
The post was migrated from Yahoo.
Listmates,
My Rutter Guide is useless on this issue (FRBP 1004.1), and I have one
to file. My questions:
1. Must the next friend have (a) power of attorney for the
incompetent for the purpose of filing a Chapter 7; (b) a formal
conservatorship; (c) simply a familial relationship (i.e. spouse,
child or step-child)?
2. Does the next friend sign the papers?
3. Are there additional forms or declarations necessary so that the
court recognizes the next friend?
4. Can anyone give me a case cite where they've done it?
5. Is there anything else I need to know?
Gerry McNally
McNally Bus Card Smaller
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended
recipient of the transmission and may be a communication privileged by
law. If you received this email in error, and review, use,
dissemination, distribution or copying of this email is strictly
prohibited. Please notify us immediately of the error by return email
and please delete this message and any and all duplicates of this
message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements
imposed by the Internal Revenue Service, we inform you that any U.S.
tax advice contained in this communication (including any attachments)
is not intended to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue code or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.
The post was migrated from Yahoo.