In a Bankruptcy matter, a lawyer is required for a child’s claim.
Chapter 7 Adversary Proceeding Background:
- Plaintiff’s father filed an adversary proceeding on behalf of his 12 year old son.
- Father argued that as a minor, he could represent his son and he was a proper representative.
Bankruptcy Court Finding in Chapter 7 Bankruptcy:
- Judge recognized that the plaintiff’s father was a proper representative.
- However, he did not mean that he could represent his son without a lawyer.
- Parents cannot appear pro se on behalf of their minor children.
- A minor’s personal case is their own
- The case does not belong to the parent or representative.
- Father is ordered to retain counsel on behalf of his child.
- Judge further clarifies that “unauthorized practice of law is forbidden as a matter of state and federal law, and the court will not hesitate to enforce the proscription.”
- Parents cannot practice law.
- A bankruptcy lawyer is required to litigate children’s claims.
Adversary proceedings are complicated. There are specific deadlines and documents that must be prepared. In most cases, an oral argument in court is required. You do not want to jeopardize your rights or case by incorrectly presenting your case.
Bankruptcy is a very specialized field of law. You should always hire a Board Certified Bankruptcy Lawyer when you file Chapter 7, Chapter 11 or Chapter 13 Bankruptcy.
In addition, a non-lawyer cannot represent a minor,. Also, you should not go into court without a lawyer. There are many procedures, deadlines and rules that are unique to bankruptcy law. My practice focuses entirely on bankruptcy law. I have over 28 years legal experience in NJ Bankruptcy Law.
I represent both debtors and creditors in bankruptcy matters. In this case, the creditor is filing a claim against the debtor. The debtor files a Chapter 7 Bankruptcy and the minor is opposing the bankruptcy.
Contact me today, when you need the best bankruptcy lawyer to assert your rights. I am here to protect your rights in Bankruptcy.