Can Children file for Bankruptcy?

There is no clear cut answer for this.  Bankruptcy is, at its core, a legal proceedings and minors may not initiate a civil proceeding on their own behalf.  Typically, parents or legal guardians must file a lawsuit on behalf of a minor child and hold any remedies received in trust for the child until that child is of age (either 18 or 21 depending on the jurisdiction and circumstances).  Additionally, children are typically not deemed to be of legal consenting age to enter into a binding contract or agreement that would lead to debt, i.e. cell phone contract or medical bills.  These will typically be the responsibility of the parent.

In some rare cases a minor child may be held responsible for some debt, for example a child entrepreneur or other atypical situation, and in this situation that child might want to seek legal relief.  Fears | Nachawati Law Firm is here to discuss your specific needs as it relates to your case.  If your child is in over his/her head with debt, we may be able to help.  Contact our firm today.