This form is an order for relief in an involuntary bankruptcy case. The form must be signed by the presiding bankruptcy judge.
Hawaii Order for Relief in an Involuntary Case - B 253
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How to fill out Order For Relief In An Involuntary Case - B 253?
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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.
It is important to note that involuntary bankruptcy can only be filed under Chapter 7 or Chapter 11 bankruptcy. Chapter 12 and Chapter 13 bankruptcy are not permitted.
11 bankruptcy, a business officially declares bankruptcy by filing a Ch. 11 petition with the court. The bankruptcy petition can either be filed voluntarily or involuntarily. A voluntary petition is initiated and filed by the business itself, or more often, its legal representatives on its behalf.
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, ...
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.