Texas Voluntary Petition for Individuals Filing for Bankruptcy
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FAQ
A voluntary case is commenced by filing a petition with the bankruptcy court. The commencement of a voluntary case constitutes an order for relief under the relevant chapter. An involuntary case is commenced by filing a petition with the bankruptcy court under Chapter 7 or 11.
In other words, it stops your creditors in their tracks. The automatic stay means that a creditor cannot call you, send you collection letters, file a lawsuit, or otherwise attempt to collect its debt from you.
Chapter 13 proceedings are initiated only by the voluntary petition of a debtor filed in the Bankruptcy Court.
Voluntary bankruptcy is a type of bankruptcy where an insolvent debtor brings the petition to a court to declare bankruptcy because they are unable to pay off their debts.
Voluntary bankruptcy is where the debtor (individual owing money) applies to make themselves bankrupt. A creditor's petition (involuntary bankruptcy) arises when someone who is owed money by the debtor petitions for the debtor's bankruptcy.
A voluntary petition is a more common filing and allows the debtor to choose the type of bankruptcy and the applicable chapter. In contrast, an involuntary petition is filed when the debtor is unable to pay its debts, and its creditors seek to force the debtor into bankruptcy.
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.
