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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.
A voluntary bankruptcy is the most common type of bankruptcy proceeding. It is initiated by a debtor who wishes to seek relief from their debt burden. Involuntary bankruptcies are very rare. They are initiated by creditors who want to receive payment for what they are owed from a debtor.
A petitioning creditor, as defined by Title 11 of the U.S. Bankruptcy Code, can initiate an involuntary bankruptcy by filing an involuntary petition. The petition sets forth requirements for the creditor to satisfy and can be filed against an individual or business.
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, ...
Bona fide dispute means a dispute of a specific amount of money actually billed by a Party. The dispute must be clearly explained by the disputing Party and supported by written documentation from the disputing Party, which clearly shows the basis for its dispute of the charges.
-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.