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Involuntary Petition

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No fewer than three and no more than 12 creditors can file an involuntary petition against a creditor. This form can compel their debtor to commence either chapter 7 or 11 bankruptcy proceedings if the involuntary petition is approved by a judge. Before completing this form, creditors should consult section 303 of US Code concerning bankruptcy to make sure that they are eligible for this proceeding. The form can be obtained from the United States Courts websites and submitted electronically or in person at your local bankruptcy court.


Involuntary Petition Step 1: List the full name of the debtor against whom you are filing this petition. Below this, list the last four numbers of their Social Security number or Tax Identification Number as applicable.


Involuntary Petition Step 2: List all other names that the debtor has used in the last eight years.


Involuntary Petition Step 3: List the complete street address of their debtor, including the county where their home or place of business is located. List the mailing address if it is different.


Involuntary Petition Step 4: If the debtor is a business and their assets are primarily located at an address not listed above, provide this information.


Involuntary Petition Step 5: Note whether you are applying for commencement of Chapter 7 or Chapter 11 bankruptcy.


Involuntary Petition Step 6: Indicate whether the debtor's debts are consumer or business related.


Involuntary Petition Step 7: Indicate the type of debtor, whether individual, corporate or partnership. If the debtor is a business, indicate the nature of their operations.


Involuntary Petition Step 8: Indicate whether the debtor has either been a resident in the area where the petition is being filed for the last 180 days or whether there is another bankruptcy case concerning this debtor currently being processed in this district.


Involuntary Petition Step 9: Indicate whether you are attaching the full filing fee. Only people who are filing an involuntary petition for child support debts are exemption from this filing fee.


Involuntary Petition Step 10: If there are any pending bankruptcy cases currently unfolding against any partner or affiliate of the debtor you are filing against, list all information concerning these cases.


Involuntary Petition Step 11: Choose the nature of your claim from the listed options.


Involuntary Petition Step 12: All creditors should sign and date their claim, along with listing the amount they are owed.

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