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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:
- Federal Rules of Bankruptcy Procedure 1010, 1011 & 1013
Involuntary Petition Filing Requirements
chapter 7 Copy Requirement: ORIGINAL (kept by the court) PLUS ONE (1) COPY (if filer would like to keep a copy)
Chapter 11 Copy Requirement: ORIGINAL (kept by the court) PLUS ONE (1) COPY (if filer would like to keep a copy)
If filer does not want a full copy, only bring the original for the court.
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)
- Choose the applicable form related to your filing type:
- FOR INDIVIDUALS FILING FOR BANKRUPTCY
105 Involuntary Petition Against an Individual (Official Form)
*If debtor is a corporation, include the name and address of the registered agent. - FOR NON-INDIVIDUALS FILING FOR BANKRUPTCY
205 Involuntary Petition Against a Non-Individual (Official Form)
- FOR INDIVIDUALS FILING FOR BANKRUPTCY
- Summons
- Filing Fee (based on Chapter type)
- $338 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 or Cashier’s Check- The Clerk's office does not accept cash
- No Personal checks from debtors are accepted - $1738 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 or Cashier’s Check- The Clerk's office does not accept cash
- No Personal checks from debtors are accepted
- $338 Filing Fee (If filing Involuntary Chapter 7)
- Choose the applicable form related to your filing type: