Form 1, the Voluntary Petition, is to be used to commence a voluntary case under chapter 7, 11, 12, or 13 of the Bankruptcy Code. A chapter 9 petition requires other allegations, (see § 109(c) of the Code), but this form may be adapted for such use.
With certain exceptions, any "person" 3 who is eligible to file a voluntary bankruptcy petition may be the putative debtor in an involuntary bankruptcy petition. Notably, courts have also held that involuntary petitions cannot be filed against nonprofit organizations or municipalities. See, e.g., Official Comm. of Unsecured Creditors v.
Rules 1002 (a), governing a voluntary petition, 1003 (a), governing an involuntary petition, and 1003 (e), governing a petition in a case ancillary to a foreign proceeding, are combined into this Rule 1002. If a bankruptcy clerk has been appointed for the district, the petition is filed with the bankruptcy clerk.
A Chapter 11 case begins with the filing of a petition for bankruptcy, either voluntarily by the debtor or involuntarily by its creditors, in any bankruptcy court. Each state, plus the District of Columbia, has a bankruptcy court. The filing usually takes place in the region where the debtor is domiciled.