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Filing Involuntary Petitions

 

Filing Requirements

An Involuntary petition requires:

  • the debtor’s name and address, including county
  • the chapter number, either 7 or 11
  • the appropriate number of petitioning creditors or partners, as more fully described in 11 USC § 303(b)
  • payment of the appropriate filing fee. 

Instructions

The following instructions describe how to file an involuntary petition in CM/ECF.

  1. Log into CM/ECF and select Bankruptcy ⇒ Open Involuntary Case
  2. Choose the Chapter
  3. Add the debtor:
    • Enter the debtor’s last or business name
    • Enter the debtor’s first name if applicable
    • Select Search
    • If the debtor’s name appears exactly as it is on the petition, select the name.  If not, Create New Party:
      • Enter the debtor’s social security number or tax ID number if known
      • Enter the debtor’s address
      • Select the county in which the debtor resides
      • Select "debtor" for the Role and Submit
  4. Add the petitioning creditor(s):
    • Enter the petitioning creditor’s last or business name
    • Enter the petitioning creditor’s first name if appropriate
    • Select Search
    • If the petitioning creditor’s name appears exactly as it is on the petition, select the name.  If not, Create New Party:
      • Enter the petitioning creditor’s address
      • Check that the user opening the case is the filing attorney for this party and Submit
  5. Continue adding petitioning creditors until all have been entered, then select End petitioning creditor selection
  6. Note the office in which the petition will be filed
  7. Choose the Nature of debt and Type of debtor
  8. If the Nature of debt is business, select the Nature of Business
  9. Browse for the petition
    • Select Browse
    • Right click on the document and open in Adobe Acrobat
    • Review the document to ensure it is the involuntary petition you intend to file, then close it
    • Select Open
    • Select No for attachments and then Next
  10. On the next screen, leave the receipt # field blank or follow the instructions if you are paying by check
  11. Select Next twice
  12. Review the docket text, and, if incorrect, start over.  If correct, select Next
  13. Use your credit card to pay the filing fee
  14. Note the case number

NOTE: If you do not receive email notification of the filing, you may not have associated yourself with the petitioning creditor, and should call the court.