Can a minor file for bankruptcy on his/her own behalf?
Can a minor file for bankruptcy on his/her own behalf?
A minor can file for bankruptcy on his/her own behalf, but it's not an easy process. A minor must file a motion with the bankruptcy court to be declared an "incapacitated person", which is a legal term that doesn't necessarily mean that they're incapacitated in the sense of being unable to make good decisions. The court will look at factors such as the minor's level of education and if he or she has a job. The court will also consider whether there is any abuse within the home and if the parent (or other adult) has tried to help the minor get out of debt. It's rare that a minor can file for bankruptcy on his or her own, but it can happen.
There are many factors that determine whether a minor can file for bankruptcy on his or her own behalf. You should consult a lawyer for general guidelines.
If you need a Bankruptcy Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506