Legal Opinion
In Re Murray
United States Bankruptcy Court, M.D. Tennessee
Decided July 31, 1996No. Bankruptcy 95-07124-AT3-13PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The question presented is whether the mother of a seven year old debtor has capacity to file a Chapter 13 petition as “next friend” for her daughter. The petition is proper under Rule 17(c) of the Federal Rules of Civil Procedure. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.
I
This Chapter 13 debtor was seven years old at the petition on October 6, 1995. The petition was signed “Brittany Gricheny Murray by Dorcas Renee Murray, mother.” Below the debtor’s name, the petition states “by next friend and mother Dorcas…
2Cases cited38 opinions
- Toibb v. RadloffSupreme Court of the United States · 1991
- Nancy Noe, by Her Guardian Ad Litem v. Laurel True, Secretary, Department for Human ResourcesCourt of Appeals for the Sixth Circuit · 1974
- Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
- Johnson v. Helicopter & Airplane Services Corp.District Court, D. Maryland · 1975
- Virginia Electric & Power Co. v. Westinghouse Electric Corp.Court of Appeals for the Fourth Circuit · 1973
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3Cited by12 opinions
- In Re BottelbergheUnited States Bankruptcy Court, D. Minnesota · 2000
- In Re BairdUnited States Bankruptcy Court, M.D. Florida · 1999
- In Re MurphyUnited States Bankruptcy Court, M.D. Tennessee · 1998
- In Re JoobeenDistrict Court, E.D. Pennsylvania · 2008
- In re MatthewsUnited States Bankruptcy Court, N.D. Texas · 2014
7 more not listed; retrieve them via the Exa API.