In re Lane, Case No. 12-36873-elp7 (October 25, 2012)Next friend, FRBP 1004.1 In response to a motion to appoint an individual as “next friend” for debtors, the court issued a Memorandum Opinion setting forth the legal standard for next-friend appointments and a procedure for use in future motions. The legal standard under FRBP 1004.1 is that the debtor be financially incapable (drawn from Oregon’s conservatorship statute, ORS 125.440), that the movant know about the debtor’s financial situation, and that the movant be dedicated to the debtor’s best interests. Click here to view all Opinions. Click here to return to the home page.
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