Opening an Involuntary Petition

OPENING AN INVOLUNTARY PETITION

Overview:

Under 11 U.S.C. § 303 of the Code, an involuntary case may be commenced only under chapter 7 or 11 of this title, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed, business or commercial corporation, that may be a debtor under the chapter under which the involuntary case is commenced. 

Debtor may be a corporation, a partnership or individual (no joint petition; wife and husband must be filed separately).

 Refer to the CM/ECF Formatting Standards on how to enter names and addresses into the CM/ECF database.

Codes, Rules and Forms:

Bankruptcy Code:

109, 303

Bankruptcy Rule:

1002, 1003, 1004

Local Rule:

1002-1

Official Form:

B 5

 

CM/ECF Event(s):

            Case Opening, Open an Involuntary BK Case