Skip to main content
· 6/16/1995

In Re Oriole Kjellsen. Terry D. Wieczorek v. Shirley Woldt Oriole Kjellsen

Citations

  • 53 F.3d 944

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that guardian was debtor’s “duly appointed representative,” such that purported next friend could not commence bankruptcy case
  • evaluating authority of purported attorney in fact under South Dakota power of attorney using that state’s law because “state law determines who has the authority to file a bankruptcy petition on behalf of another”
  • evaluating authority of purported attorney in fact under South Dakota power of attorney using that state’s law because “state law determines who has the authority to file a bankruptcy petition on behalf of another”
  • “In general, state law determines who has the authority to file a bankruptcy petition on behalf of another.”
  • “state law determines who has the authority to file a bankruptcy petition on behalf of another.”
  • review of factual determinations is for clear error only

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Wollman, Arnold

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.