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Involuntary Petition

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 further clarification on involuntary petitions, see:

              Title 11, United States Code § 303
              Bankruptcy Rules 1010, 1011 & 1013 

Involuntary Chapter 7 Filing Requirements
Required Documents:
  • Form 105 - Involuntary Petition Against an Individual or Form 205 - Involuntary Petition Against a Non-Individual
  • If debtor is a corporation, then we need the name and address of the registered agent.
  • $335.00 Filing Fee (NOTE: Filing fees must be paid either by cash (only accepted in Madison office), cashier's check, money order, or an attorney's firm check, made payable to Clerk, U.S. Bankruptcy Court)

 

Involuntary Chapter 11 Filing Requirements
Required Documents:
  • Form 105 - Involuntary Petition Against an Individual or Form 205 - Involuntary Petition Against a Non-Individual  
  • If debtor is a corporation, then we need the name and address of the registered agent.
  • $1717.00 Filing Fee (NOTE: Filing fees must be paid either by cash (only accepted in Madison office), cashier's check, money order, or an attorney's firm check, made payable to Clerk, U.S. Bankruptcy Court)