Involuntary Petition Against an Individual

• Category: Bankruptcy - Official - National - Individual Debtors
• State: Multi-State
• Control #: US-B-105
• Format: PDF

Description

Involuntary Petition Against an Individual Involuntary Petition Against an Individual is a legal action taken by creditors to force an individual debtor to pay an unpaid debt. This type of action is sometimes referred to as a creditor's petition, and is usually initiated when a debtor fails to make payments on a debt. It is a formal document filed in court, initiating a legal proceeding. There are two types of Involuntary Petition Against an Individual: 1. Chapter 7 Involuntary Petition: This type of petition is filed by creditors when an individual debtor has debts that exceed the state's exemption limits. The filing of a Chapter 7 Involuntary Petition forces the debtor into bankruptcy, and the court will appoint a trustee to oversee the proceedings. 2. Chapter 11 Involuntary Petition: This type of petition is filed by creditors when an individual debtor's assets are not sufficient to cover their total liabilities. This type of petition forces the debtor into reorganization, and the court will appoint a trustee to oversee the proceedings. In either type of Involuntary Petition Against an Individual, the debtor's assets may be liquidated in order to pay off the creditors. The debtor will be required to attend a creditors' meeting where a repayment plan may be proposed and voted upon. If the plan is approved, the debtor will be required to make regular payments to the trustee, who will in turn distribute the funds to the creditors.

Involuntary Petition Against an Individual is a legal action taken by creditors to force an individual debtor to pay an unpaid debt. This type of action is sometimes referred to as a creditor's petition, and is usually initiated when a debtor fails to make payments on a debt. It is a formal document filed in court, initiating a legal proceeding. There are two types of Involuntary Petition Against an Individual: 1. Chapter 7 Involuntary Petition: This type of petition is filed by creditors when an individual debtor has debts that exceed the state's exemption limits. The filing of a Chapter 7 Involuntary Petition forces the debtor into bankruptcy, and the court will appoint a trustee to oversee the proceedings. 2. Chapter 11 Involuntary Petition: This type of petition is filed by creditors when an individual debtor's assets are not sufficient to cover their total liabilities. This type of petition forces the debtor into reorganization, and the court will appoint a trustee to oversee the proceedings. In either type of Involuntary Petition Against an Individual, the debtor's assets may be liquidated in order to pay off the creditors. The debtor will be required to attend a creditors' meeting where a repayment plan may be proposed and voted upon. If the plan is approved, the debtor will be required to make regular payments to the trustee, who will in turn distribute the funds to the creditors.