Bankr. S.D. Fla. Local Rule 1004.1-1 — Voluntary Petition on Behalf of an Infant or Incompetent Person

High confidence· verified September 26, 2026Local Rules

Summary

Bankr. S.D. Fla. Local Rule 1004.1-1 — Voluntary Petition on Behalf of an Infant or Incompetent Person: the court's own rule, verbatim from Amended and Restated Local Rules of Practice and Procedure for the United States Bankruptcy Court for the Southern District of Florida (Effective June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Southern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.

Requirement

(a) Appointment Instrument. A voluntary petition filed under Bankruptcy Rule 1004.1(a) must include with the petition: (1) a copy of the representative’s appointment instrument – including a power of attorney or an order from a court of competent jurisdiction – and (2) a declaration signed under penalty of perjury, containing the following information: (A) the representative’s name, address, and relationship to the debtor; (B) when the representative was appointed; (C) why the petition was filed; (D) why the debtor was unable to file the petition himself or herself; (E) whether the debtor consents to filing the petition; (F) whether any of the debtor’s debts were incurred for the benefit of the representative; (G) the name and address of any person the representative reasonably believes may object to the filing of the petition; and (H) with respect to any power of attorney, whether: (i) before executing the power of attorney the debtor was a minor or had been adjudicated incompetent; and (ii) the power of attorney expressly authorizes the filing of a bankruptcy petition. (b) Restricted Filing. The declaration required by (a)(2) – together with any attachments thereto – must be filed under seal. No separate motion or court order is required to file this declaration under seal. (c) Service of Petition and Declaration. A voluntary petition filed under Bankruptcy Rule 1004.1 must be served together with the declaration required by (a)(2). (d) Appointment as Guardian Ad Litem. (1) Motion Requirements. A motion seeking appointment of a guardian ad litem under Bankruptcy Rule 1004.1(b)(2) must attach a proposed order and a declaration containing the following information: (A) why appointment of the movant as guardian ad litem is necessary; (B) why appointment of the movant as guardian ad litem would be in the debtor’s best interest; (C) the fee, if any, the movant would charge the debtor for serving as guardian ad litem; (D) the movant’s professional and criminal history, if any; (E) the movant’s competence to handle the debtor’s financial affairs, including the movant’s knowledge of the debtor’s financial affairs; (F) whether the movant has any current or potential future interest in the debtor’s financial affairs, other than the proposed fee; and (G) the name and address of any person the representative reasonably believes may object to appointment of the movant as guardian ad litem. (2) Additional Requirements. If appointment as a guardian ad litem under Bankruptcy Rule 1004.1(b)(2) is sought based on the debtor’s incompetence, the motion must also attach: (A) a letter from the debtor’s physician regarding the debtor’s competence to conduct the debtor’s own financial affairs; and (B) a copy of any power of attorney or other document giving the movant the authority to act for the debtor. (3) Hearing. A motion seeking appointment of a guardian ad litem under Bankruptcy Rule 1004.1(b)(2) containing all the information required by (d) will be set for hearing within 14 days, or as soon thereafter as the court can hear it. (4) Authority to Act Pending Appointment. Except to seek an extension of time to comply with the debtor’s bankruptcy case filing requirements, unless the court orders otherwise, the party seeking appointment as guardian ad litem must not take any other action on the debtor’s behalf until the court rules on the motion seeking appointment.

Source of truth

(a) Appointment Instrument. A voluntary petition filed under Bankruptcy Rule 1004.1(a) must include with the petition: (1) a copy of the representative’s appointment instrument – including a power of attorney or an order from a court of competent jurisdiction – and (2) a declarat

Official source: Bankr. S.D. Fla. — Southern District of Florida (U.S. Bankruptcy Court)
Source health: Healthy · checked October 4, 2026
Effective date: June 1, 2026
Last verified: September 26, 2026benchpath-appfed-flrules-2026-09-26

Change history

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