Tag: guardian ad litem

Bankr. E.D.N.C.: In re John Doe- Expungement of Bankruptcy

Summary:

Kenneth Jones filed a Chapter 13 bankruptcy petition on behalf of his minor nephew, “John Doe”, in 2003.   Because Jones had not been appointed as the Debtor’s guardian, the trustee moved for appointment of a guardian ad litem under Rule 1004.1.  The case, however, was dismissed prior to any appointment.

Moving to the present, the Debtor contended that as Jones was not his guardian under Rule 1004.1, the bankruptcy was improper and had detrimentally affected his adult life.  Pursuant to 11 U.S.C. § 107(c)(1), found that expunction of the bankruptcy to seal the entire case was appropriate.

Commentary:

It is not clear to what extent removing electronic records and sealing the hard copy will be effectual. … Read More

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Bankr. E.D.N.C.: In re John Doe- Expungement of Bankruptcy

Summary:

Kenneth Jones filed a Chapter 13 bankruptcy on behalf of his minor nephew in 2003.  After finding no evidence that Jones was his nephew’s court appointed guardian, the Trustee moved for the appointment of a guardian ad litem pursuant to Bankruptcy Rule 1004.1.  Prior to that motion being heard, however, the case was dismissed for non-payment.

Recently, however, the Nephew (now presumably having reached his majority) experienced difficulties obtaining credit due to this bankruptcy.  Accordingly then moved to have the bankruptcy re-opened and then dismissed ab initio,

After finding there was just cause to re-open the case, the Court found that dismissal ab initio was not “the most practical or appropriate remedy in this case, as such action would call into question the fees paid and distributions made.”  Instead the Court ordered that the bankruptcy be expunged and that the Clerk of Court “remove all  references to the filing from the electronic record, while sustaining a hard copy of the record,  including this order, in a sealed file.”

Commentary:

While this may remove “references to the filing from the electronic record” maintained by the bankruptcy court, it addresses neither the electronic records maintained by the credit bureaus nor the record of this bankruptcy in private repositories, such as BANKO, AACER or RECAP.… Read More

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