Indiana Summons to Debtor in Involuntary Case is a document issued by the court to order a debtor to appear and answer a complaint in an involuntary bankruptcy case. The summons must include the name of the court, the name of the debtor, and the address of the court where the debtor must appear. It must also include a statement of the consequences of not appearing, including that the debtor may be found in contempt of court. Depending on the type of involuntary bankruptcy case, there are two types of summons: 1) a Summons to Debtor in Involuntary Petition and 2) a Summons to Debtor in Involuntary Complaint. The Summons to Debtor in Involuntary Petition is issued when creditors are petitioning against the debtor to declare them bankrupt. It informs the debtor that a petition has been filed against them, and orders them to appear in court to answer the petition. The Summons to Debtor in Involuntary Complaint is issued when the debtor has failed to pay a debt or debt collection judgement. It informs the debtor that a complaint has been filed against them and orders them to appear in court to answer the complaint. In both cases, the summons must be served on the debtor by a sheriff or other authorized officer. The debtor then has a certain amount of time to appear in court or face the consequences.
Indiana Summons to Debtor in Involuntary Case
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FAQ
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.
A creditor with a secured debt usually will not need to file an involuntary bankruptcy petition because they can simply take the asset.) Creditors must meet certain criteria before they may commence an involuntary bankruptcy action.
Explanation: The primary requirement for a petition of involuntary bankruptcy is that creditors must demonstrate that a debtor has defaulted on repayments of debts. Involuntary petitions must be filed only by creditors who are owed, individually or in the aggregate, at least $16,750 in unsecured, undisputed debt.
If a summons has already been issued by the Clerk of the Court but another summons is needed, perhaps because there was an error in the original one, it was served on the wrong party or to the wrong address or not served within the required time frame, the plaintiff may file a Request for Alias Summons to request that