Tag: minor

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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