Indiana Involuntary Petition Against an Individual is a legal filing that allows creditors to force an individual debtor into bankruptcy. The petition is filed with the bankruptcy court and initiates the process for the individual to receive a discharge of their debt. The petition must include information about the debtor’s assets, liabilities, income, expenses, and other financial information. In Indiana, there are two types of Involuntary Petition Against an Individual: Chapter 7 and Chapter 13. A Chapter 7 petition allows the debtor to liquidate their assets in order to repay the creditors. A Chapter 13 petition allows the debtor to reorganize their debts and create a payment plan. In both cases, the debtor is given the opportunity to challenge the petition in court.
Indiana Involuntary Petition Against an Individual
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How to fill out Indiana Involuntary Petition Against An Individual?
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FAQ
Only a physician can authorize seclusion or restraint. His/her order must be documented and should be time-limited. (Indiana Code sec. 12-27-4-2).
The person evidences mental illness; the person evidences a substantial risk of serious harm to himself or others; the risk of harm is imminent unless the person is immediately restrained; and. the necessary restraint cannot be accomplished without emergency detention.
(1) The person is 18 years of age or older. (2) The person has a documented mental condition. (3) The person is reasonably expected to become dangerous to self or dangerous to others or otherwise unlikely to survive safely in the community without treatment for the person's mental condition.
Due Process Protections Shall Be Afforded to Individuals Facing Involuntary Civil Commitment and the Burden of Proof for Civil Commitments is Clear and Convincing Evidence.
12-26-6) A person can be temporarily committed to an appropriate facility or outpatient treatment program for up to 90 days if he/she is found by a court to be: ? Mentally ill, and ? Either dangerous or gravely disabled.
The criteria for involuntary hospitalization are as follows: patients must exhibit dangerous behavior toward themselves or others, they must be helpless and unable to provide for their basic daily needs, and there is a danger of ?essential harm? to their mental health if they do not receive mental care.
What are the criteria for a person to be involuntarily admitted to a hospital or mental health facility? The person sought to be involuntarily admitted for treatment must be found by clear and convincing evidence to be mentally ill and either dangerous and/or gravely disabled.
To commit someone involuntary for a mental evaluation, two people have to petition the Court. Petitioners must have witnessed the behavior of an individual within 48 hours of their hearing date. If it has been 49 hours since the two individuals saw the mentally ill person, the Judge cannot sign the Order to Apprehend.