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Involuntary Petitions

Local Rule Number: 
Rule 1003-1
1000 Series

(A)       Petition Requirements.  Each involuntary petition must comply with requirements set forth in the “Clerk’s Filing Instructions”.

(B)       Joint Debtors.  An involuntary petition shall not be filed against joint debtors.

(C)       Clerk Authorized to Refuse Unsigned Petitions.  The clerk shall refuse for filing an involuntary petition that is not signed by all of the petitioning creditors.

[Comment: See also Bankruptcy Rules 1005, 1007 and 9009, and Local Rules 5080-1 and 5081-1 (filing fees), 5005-1(A)(2) (compliance with federal judiciary privacy policy), 5005-1(C) (deficient petitions), 5005-3 (format), 5005-4 (electronic filing), 9004-1, 9004-2, and 9011-4 (format requirements), 2090-1(B) (special or limited appearance by attorney), and 9010-1(B)(1) (corporations, partnerships, trusts, and other business entities must be represented by an attorney).]

☞2015 Amendment: Former subdivision (B) requirement for inclusion of certain information in involuntary petition abrogated as unnecessary due to existence of Official Bankruptcy Form for an involuntary petition.