Involuntary Bankruptcies


It's not common, but a bankruptcy attorney can explain to you what an involuntary bankruptcy is and how a creditor can force you into bankruptcy.

Whether you're an individual or a business and aren't paying your bills, you may find that one or more of your creditors is desperate for repayment, so much so that they'll file a petition with the court requesting a Chapter 7 bankruptcy for individuals and a Chapter 11 bankruptcies for companies. They'll also submit a summons ordering you to appear in court. If you do not appear in court to respond to this petition within the specified time period then you will be forced into an involuntary bankruptcy.

Fighting an Involuntary Bankruptcy

If you discover that your creditors are going to force you into bankruptcy the first thing you must do is react and react quickly. Contact a bankruptcy attorney and explain your situation to them, they will know that you are on a strict deadline and should act immediately to help you. Your first step is to object to the petition and file a petition to dismiss it.

If the petition for bankruptcy is approved then you will be responsible for all of the costs. If you win and the bankruptcy court decides to dismiss this petition then the creditor who filed a petition for bankruptcy on your behalf is responsible for the costs up to this point.

Involuntary Bankruptcy Rules

If the court believes that the creditor is correct and that you should file a bankruptcy then the bankruptcy itself follows the same procedure as if you had filed for yourself. The only notable exception here is that you may be treated as hostile, which means your finances will be placed under tighter scrutiny.

As your Chicago bankruptcy attorney will inform you, involuntary bankruptcies can be very expensive so you want to avoid this situation whenever possible.