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OVERVIEW
Involuntary petitions are
filed by creditors and can only be filed as a Chapter 7 or 11.
It is important to complete all steps in
this procedure.
PROCEDURE
Click
Bankruptcy
Click
File New Involuntary
Select
the following:
|
Case Type |
BK |
|
Case Number |
Skip, system will auto assign |
|
Chapter |
Enter chapter number (7 or 11
only) |
|
Joint |
Select N
(no) or Y (yes) to indicate joint
filing |
|
Deficiencies |
If there are items missing from
the petition, change the Deficiencies box from N
(no) to Y (yes). |
Click
Next
Search
for the correct party
|
If |
Then |
|
name appears |
Select
name from list and verify information. |
|
debtor's
name does not appear |
Click Create New Party |
At the Party
Information screen, complete the following fields:
Name:
Name of the petitioning creditor
Role
type: Petitioning Creditor YOU MUST ENTER A ROLE TYPE
Party
text: Further descriptive text, e.g.
"A Texas Corporation"
Click
Submit
Click End
Part Selection
Divisional
office is displayed
Click
Next
Message
appears: "Change the Voluntary field
to INVOLUNTARY on the next screen."
Click
Next
At the
Statistical Data screen, enter the following fields:
|
Type of debtor |
Select appropriate debtor type |
|
Fee status |
Select Paid (Installment payments
cannot be made on an involuntary petition) |
|
Nature of
debt |
Select Business or Consumer |
|
Voluntary |
Change to Involuntary |
|
Origin |
Defaults to Original |
|
Date split/transfer |
Skip |
|
Asset notice |
Chapter 7 accept default of
N for no asset, Chapter 11 change
to Y for asset |
|
Estimated
number of creditors |
Accept the default range |
|
Estimated
assets |
Accept the default range |
|
Estimated
debts |
Accept the default range |
Click
Next
Select
appropriate event for either Ch. 7 or Ch. 11
Click
Next
Attach
Involuntary Petition PDF
Click Next
Enter
name of Alleged
debtor
Enter
the Receipt # as “cc” for credit card transaction
|
NOTE: Installment
payments cannot be made on an involuntary petition |
Click
Next
Modify
docket text as appropriate
Click
Next
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WARNING:
Verify filing entry information is correct before submitting the Final
Docket Text. |
Click
Next
The Notice of Electronic Filing screen should
appear showing the information you just entered. This
screen will also indicate to whom electronic notices have been sent.
Assign
the Judge,
Trustee and 341 Meeting.
| NOTE: The clerk’s office must add the alleged debtor
as a party after the involuntary case is opened. The
clerk’s office will also issue a summons.
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