Bankr. W.D. Tex. L. Rule 1004.1-1 — Filing on Individual Debtor’s Behalf

High confidence· verified September 26, 2026Local Rules

Summary

Bankr. W.D. Tex. L. Rule 1004.1-1 — Filing on Individual Debtor’s Behalf: the court's own rule, verbatim from Local Court Rules of the United States Bankruptcy Court for the Western District of Texas (These Rules are effective as of February 3, 2025.), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Western District of Texas alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.

Requirement

(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.

Source of truth

(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 b

Official source: Bankr. W.D. Tex. — Local Rules (U.S. Bankruptcy Court, Western District of Texas)
Source health: Healthy · checked October 4, 2026
Effective date: February 3, 2025
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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