UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

NORFOLK DIVISION

____________________________________

In re: )

) Case No. 19-71008-FJS

MYRTLE OLIVIA RAWLES, )

)

Debtor. ) Chapter 13

____________________________________)

ORDER TO SHOW CAUSE 

On March 19, 2019, Carolyn A. Bedi, counsel for the above-captioned Debtor, filed 

bankruptcy petition on the Debtor’s behalf, commencing a case under Chapter 13 of the United 

States Bankruptcy Code. The petition contains the following electronic signature for the Debtor: 

“/s/ Donna Rawles POA for Myrtle Rawles.”1 On the same date, Ms. Bedi filed a certificate of 

credit counseling, which indicates that Donna Rawles completed the credit counseling course 

required by § 109(h)(1) on March 15, 2019.2 On April 2, 2019, Ms. Bedi filed lists, schedules, 

statements, and a chapter 13 plan on behalf of the Debtor, which are also signed by Donna Rawles 

for the Debtor. 

If a debtor is an infant or incompetent person, then an individual who has been appointed 

as the debtor’s representative3 under nonbankruptcy law may file a voluntary petition on the 

debtor’s behalf. Fed. R. Bankr. P. 1004.1. If an infant or incompetent person does not have a duly 

appointed representative, a next friend or guardian ad litem may file a petition on the debtor’s 

1 POA presumably refers to “power of attorney.” 

2 Ms. Bedi also filed a credit counseling certificate indicating that the Debtor completed 

the credit counseling course required by § 109(h)(1) on March 17, 2019. 

3 “The rule does not define ‘representative,’ but gives as examples a general guardian, 

committee, conservator and similar fiduciary. Because the term ‘including’ is not exclusive, there 

can be other types of legal representatives.” 9 Collier on Bankruptcy P 1004.1.02 (16th 2019).

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behalf. Id. Finally, if an infant or incompetent debtor is not otherwise represented, then the court 

must appoint a guardian ad litem or issue any such order necessary to protect the debtor. Id. Here, 

Ms. Bedi has neither filed a copy of any document evidencing Donna Rawles’ appointment as the 

Debtor’s “representative” under nonbankruptcy law nor has Ms. Bedi filed a request for 

appointment of a representative for the Debtor. Therefore, the Court finds that Carolyn A. Bedi, 

Esquire, should appear and show cause as to why this case should not be dismissed because Donna 

Rawles lacked the requisite authority under applicable law to commence a bankruptcy case on the 

Debtor’s behalf. 

 Accordingly, the Court ORDERS Carolyn A. Bedi, Esquire to appear at the United States 

Bankruptcy Court, Courtroom Two, 4th Floor, 600 Granby Street, Norfolk, Virginia, at 

10:00 a.m. on April 16, 2019, and show cause why this case should not be dismissed because 

Donna Rawles lacked the requisite authority under applicable law to commence a bankruptcy case 

on the Debtor’s behalf. 

 The Clerk shall deliver copies of this Order to the Carolyn A. Bedi, counsel for the Debtor; 

the Debtor; the Chapter 13 Trustee; and the Office of the United States Trustee. 

 IT IS SO ORDERED. 

 

 FRANK J. SANTORO 

 United States Bankruptcy Judge 

 

Apr 3 2019 /s/ Frank J. Santoro

Entered on Docket: 4/3/19

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