A Kentucky Involuntary Petition Against an Individual is a legal process to initiate bankruptcy proceedings against an individual debtor who is unable to pay his creditors. This type of petition is filed by a creditor in the District Court in the debtor’s county of residence. The petition must include the name of the debtor, the amount of debt owed, and the names of the creditor or creditors that are owed the debt. There are two types of Kentucky Involuntary Petition Against an Individual: Chapter 7 and Chapter 13. A Chapter 7 Bankruptcy is a liquidation bankruptcy, which allows debtors to discharge their debts and obtain a fresh start. A Chapter 13 Bankruptcy is a reorganization bankruptcy, which allows for the repayment of debts over a three to five-year period. In either type of bankruptcy, the debtor must attend a meeting with the creditors and the bankruptcy trustee, and provide documents and financial information. The court may also require the debtor to complete a credit counseling course. Once the bankruptcy is filed, a court order is issued, preventing creditors from attempting to collect on the debts. The court will also decide whether the debts can be discharged and how much the debtor must pay back to the creditors.
Kentucky Involuntary Petition Against an Individual
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FAQ
Depending on the circumstances, the individual suffering from mental illness may be immediately detained and admitted on an emergency basis. In most emergency situations, the hold cannot exceed 72 hours.
"Tim's Law allows for loved ones of people suffering from mental illness to go to district court to begin a process a legal process of filing a petition that will mandate that they get the treatment that they need to protect themselves and protect others," explains Litafik.
(1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is the least restrictive alternative mode of treatment presently available.
A petition for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.
If your physician feels that you present a danger or a threat of danger to yourself or others, your physician has the right to hold you up to 48-72 hours (excluding weekends and holidays) and to start court action against you to force you to stay in the hospital.
MIW is short for a mental inquest warrant.
