Central District Consumer Bankruptcy Attorney's Association

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The next friend is used only if there is not a conservator or other enumerated person. See FRBP 1004.1. There is no need for a motion. The ctor or next friend signs all documents as Dave Debtor, by his conservator (or next friend) Carl Concerned, under FRBP 1004.1. Never use Carl Concerned, conservator for Debt Debtor, etc) as that is not a document signed by Dave Debtor.
If you have any questions or concerns please contact me.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com

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It is not necessary to file a motion before filing a petition for
another as a next friend. If the Public Guardian's Office is appointed
Temporary Conservator of the prospective debtor's Estate, its
representative can sign in that capacity as well pursuant to FRBP1004.1.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
On Mon, 6 Feb 2012 12:55:05 -0800 (PST), Paul Horn wrote:
"They" can sign as Next Friend if you file a motion
something saying Debtors execution of the petition, schedules,
statements and related documents was performed by Debtors Next
Friend under Federal Rule of Bankruptcy Procedure 1004.1 because Debtor
is physically incapacitated.
Paul Horn
Attorney at Law
Certified Public Accountant
850 E. Las Tunas Drive
San Gabriel, CA 91776
800-380-7076
To: cdcbaa@yahoogroups.com
Sent: Monday, February 6, 2012 12:33 PM
Subject: [cdcbaa] Who can sign?
I have a client that retained me for a Chapter 13 case. It was a
case where the girlfriend was the sole income provider and claimed to
be able to fund the plan and stay current. The sale date is February
14th.
Problem is he now has been diagnosed with dementia. The girlfriend now
is unwilling to fund the Chapter 13. No conservator in place although
the county is going to get temporary guardianship/conservatorship this
Wednesday.
Can they sign on the debtor's behalf? They (the county) wants the
bankruptcy filed because the debtor may have equity in the home if
marketed property - and he has unsecured debt to discharge in a Chapter
7.
Thank you for your comments.
Steven A. Wolvek, Esq.
Law Offices of Steven A. Wolvek
23480 Park Sorrento, Suite 109A
Calabasas, CA 91302
818-227-3379 / FAX 818-227-3383
Email: steve@wolveklaw.com
start="62chziihymo8@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}It is not necessary to file a motion
before filing a petition for another as a next friend. If the Public
Guardian's Office is appointed Temporary Conservator of the prospective debtor's
Estate, its representative can sign in that capacity as well pursuant to
FRBP1004.1.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)
On Mon, 6 Feb 2012 12:55:05 -0800 (PST), Paul Horn
<attorneypaul2000@yahoo.com> wrote:

The post was migrated from Yahoo.

"They" can sign as Next Friend if you file a motion something saying Debtorthe petition, schedules, statements and related documents was performed by
Debtors Next Friend under Federal Rule of Bankruptcy Procedure 1004.1 because
Debtor is physically incapacitated.
Paul Horn
Attorney at Law
Certified Public Accountant
850 E. Las Tunas Drive
San Gabriel, CA 91776
800-380-7076
________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, February 6, 2012 12:33 PM
Subject: [cdcbaa] Who can sign?
I have a client that retained me for a Chapter 13 case. It was a case where the girlfriend was the sole income provider and claimed to be able to fund the plan and stay current. The sale date is February 14th.
Problem is he now has been diagnosed with dementia. The girlfriend now is unwilling to fund the Chapter 13. No conservator in place although the county is going to get temporary guardianship/conservatorship this Wednesday.
Can they sign on the debtor's behalf? They (the county) wants the bankruptcy filed because the debtor may have equity in the home if marketed property - and he has unsecured debt to discharge in a Chapter 7.
Thank you for your comments.
Steven A. Wolvek, Esq.
Law Offices of Steven A. Wolvek
23480 Park Sorrento, Suite 109A
Calabasas, CA 91302
818-227-3379 / FAX 818-227-3383
Email: steve@wolveklaw.com

The post was migrated from Yahoo.

I have a client that retained me for a Chapter 13 case. It was a case where the girlfriend was the sole income provider and claimed to be able to fund the plan and stay current. The sale date is February 14th.
Problem is he now has been diagnosed with dementia. The girlfriend now is unwilling to fund the Chapter 13. No conservator in place although the county is going to get temporary guardianship/conservatorship this Wednesday.
Can they sign on the debtor's behalf? They (the county) wants the bankruptcy filed because the debtor may have equity in the home if marketed property - and he has unsecured debt to discharge in a Chapter 7.
Thank you for your comments.
Steven A. Wolvek, Esq.
Law Offices of Steven A. Wolvek
23480 Park Sorrento, Suite 109A
Calabasas, CA 91302
818-227-3379 / FAX 818-227-3383
Email: steve@wolveklaw.com

The post was migrated from Yahoo.