Involuntary Petition Filing Requirements

An Involuntary Petition may be commenced only under chapters 7 or 11 of Title 11, 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 such case is commenced.

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

For additional clarification about involuntary petitions, see:

Involuntary Petition Filing Requirements

chapter 7 Copy Requirement: Original plus three (3) copies
Chapter 11 Copy Requirement: Original plus six (6) copies

The copy requirement numbers above include the copy to be returned to the filing party. See Local Rules 1002 (a) (1) and 7010 (c) (1)
The IRS has access to documents through the internet, so a copy is not required to be forwarded.

  • Documents Required WITH the Petition (Minimum Filing Requirements)
    • B 5 - Involuntary Petition (Official Form)
      *If debtor is a corporation, include the name and address of the registered agent.
    • Summons
    • Filing Fee (based on Chapter type)
      • $335 Filing Fee (If filing Involuntary Chapter 7)
        * E-Filers: Payment must be made electronically with a credit or debit card
        * Pro Se: Payment must be made by Money Order, Cashier’s Check or Cash

        - Exact change is required
        - No Personal checks from debtors are accepted

      • $1717 Filing Fee (If filing Involuntary Chapter 11)
        * E-Filers: Payment must be made electronically with a credit or debit card
        * Pro Se: Payment must be made by Money Order, Cashier’s Check or Cash

        - Exact change is required
        - No Personal checks from debtors are accepted