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United States Bankruptcy Court Voluntary Petition

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  • What is the process of voluntary bankruptcy?

    Voluntary bankruptcy is a bankruptcy proceeding that a debtor, who knows that they cannot satisfy the debt requirements of its creditors, initiates with a court.
    Voluntary bankruptcy typically commences when and if a debtor finds no other solution to their dire financial situation.

  • What is an involuntary bankruptcy petition?

    Involuntary bankruptcy is a legal proceeding through which creditors request that a person or business go into bankruptcy.
    Creditors can request involuntary bankruptcy if they think that they will not be paid if bankruptcy proceedings don't take place.

  • What automatically happens when a bankruptcy petition is filed?

    Filing a petition under chapter 7 "automatically stays" (stops) most collection actions against the debtor or the debtor's property. 11 U.S.C. § 362.
    But filing the petition does not stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations.

  • Serving the bankruptcy petition
    If prompt personal service cannot be effected because the debtor is keeping out of the way or for some other reason, you can apply to the court for an order for substituted service (which may be by posting or leaving the document at a given address or by advertisement).
This form is derived from Official Form 1, and incorporates former exhibits A, C and D. The eviction judgment statements, formerly part of 1, are now related  Autres questions

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United States Bankruptcy Court Voluntary Petition