Petition filed by uncle on behalf of minor nephew in a manner that did not comply with Bankruptcy Rule 1004.1 is expunged from electronic records of bankruptcy court on motion of debtor. In 2003, Jones filed a bankruptcy petition on behalf of his minor nephew, John Doe. Chapter 13 trustee moved for appointment of a guardian ad litem pursuant to Bankruptcy Rule 1004.1. The case was dismissed for failure to make payments before hearing on the motion to appoint a guardian. Eight years later, debtor moved to reopen the Chapter 13 case and to dismiss on the ground that the petition was improperly filed and the record of the bankruptcy case was creating hardship for the debtor in obtaining credit. “Given the specific facts and harm suffered in this case, the court finds expunction of the record to be the more appropriate remedy. . . . The clerk is hereby ORDERED to remove all references to the filing from the electronic record, while sustaining a hard copy of the record, including this order, in a sealed file.”
