District of Columbia Summons to Debtor in Involuntary Case - B 250E

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This form is a summons to the debtor in an involuntary bankruptcy case. A motion or answer must be filed within 20 days after the service of the summons.

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FAQ

You Are Not a Business Entity Only individuals and those filing jointly as spouses can file for Chapter 13 bankruptcy. For instance, businesses that are corporations and limited liability companies (LLC) are ineligible for Chapter 13 and must instead file for Chapter 11 bankruptcy.

-A Chapter 13 proceeding can be initiated only by the voluntary filing of a petition by the debtor. -Creditors cannot file an involuntary petition to place a debtor in Chapter 13 bankruptcy.

A bankruptcy petition filed by creditors, usually to force a debtor to enter a liquidation proceeding under Chapter 7. The debtor can contest the petition and can choose to convert it into a case under Chapter 11.

Section 303(a) of the Bankruptcy Code only permits involuntary cases under either chapter 7 or chapter 11 of the Code. No involuntary chapter 9, chapter 12 or chapter 13 cases are authorized. Further, an involuntary cannot be commenced against a farmer, family farmer or not for profit entity.

Voluntary bankruptcy is a bankruptcy proceeding commenced by the debtor; bankruptcy instituted by an adjudication upon a debtor's petition. Involuntary bankruptcy, on the other hand, is a bankruptcy case initiated by a debtor's creditors.

An involuntary case may be commenced only under chapter 7 or 11 of this title, 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.

An order for relief will be entered if the debtor does not contest the involuntary petition or, if the debtor contests the involuntary petition, an order for relief will be entered if (1) the court determines that the debtor is not paying its undisputed debts as they come due, or (2) a custodian (other than a trustee, ...

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District of Columbia Summons to Debtor in Involuntary Case - B 250E