Last Updated: May 08, 2012
Eligible Chapters that can be filed as an involuntary
Chapters 7 and 11 are the only chapters that can be filed as an involuntary case.
Filing Requirements:
Petition with list of petitioning creditors (including creditor's address)
Filing Fee
Judge Assignment
The judge will not be assigned to the case until the court runs the nightly transmission. This normally takes place at midnight.
Step-by-Step Procedures:
Select [Bankruptcy>Open Involuntary Case]
The following fields will appear;
Case type
Defaults to bk for bankruptcy. This field can not be change.
Date filed
Defaults to current date. This field can not be change.
Chapter
Click down arrow to select Chapter 7 or Chapter 11
Joint Petition
Defaults to n (no). This field can not be change.
Click Next to continue
The Search for an Alleged Debtor page will display. You must conduct a search of the court's database to determine if the alleged debtor already has an existing record.
A search will have to be conducted for all parties involved in the case (alleged debtor and petitioning creditors).
There are three options to conduct a search;
Social Security Number
Tax ID
Name
When searching by the name;
If the alleged debtor is a business, enter the entire business name in the Last/Business name field.
If the alleged debtor is an individual, complete at least the Last and First name fields.
Note: The proper format for entering data in CM/ECF is the use of upper and lower case letters. Do not use all capital letters or all lower case letters.
Complete the appropriate fields and click Search
If there is not a match, a message will appear stating “ No person found.” You will have to create a record for the party.
If a match is found, the party search results box will display with all possible matches.
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No party record found |
Party record found |
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Refer to Style Guide procedure for correct data entry format.
Alleged Debtor page will display.
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The party search results screen will display the party's name and address. If multiple matches are found, review the list of parties and make the appropriate selection.
Use an existing record: if name and social security/Tax ID numbers match. if address does or does not match (you will have an opportunity to update the address on the alleged debtor information page).
When a name is clicked, a window will appear displaying the party's information.
The Alleged Debtor Information page will display.
Complete all fields except;
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The Search for petitioning creditor page will display.
Conduct search for petitioning creditors
When the Petitioning Creditors information page displays, complete all fields except;
SSN and Tax ID
Office
Country
Phone
Fax
Party Text
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Attorney for petitioning creditors The attorney for petitioning creditors must be added by either clicking the box for this statement;
or by
clicking the attorney button to add another attorney other than the user who is filing the case.
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Click Next after the page has been completed.
The Search for a Petitioning Creditors page will appear again. If there are additional petitioning creditors to be added, repeat steps 4 and 5 until all petitioning creditors have been added.
Click End petitioning creditor selection after all petitioning creditors have been added
The Divisional Office page will display. The page will show either Chicago or Rockford and the debtor's county code. The divisional office is set based on the debtor's county.
Click Next
The Statistical Data page will display. Make the following selections;
Fee status
Defaults to Paid
Nature of debt
Select business or consumer
Type to debtor
Make appropriate selection
Nature of business
Make appropriate selection
Note: Tax-Exempt Entity can be selected in conjunction with any type of business.
Click Next after the page has been completed
The PDF Document selection page will display.
Click Browse button and navigate to locate the petition pdf file
View file to confirm the correct file is being selected
Click Open and the filename will appear in the browse window
Click Next
The Filing Fee page will display.
Click Next to continue
A Blank page will display.
Click Next to continue
The Final Text page will display. This is your final opportunity to make changes before submitting the filing to the court.
Verify the accuracy of the docket text. If not correct/ if correct
Click Next to submit filing
Note: A Status Hearing will be set by chambers.
Electronic Payment
You have two options (select one of the two options):
Continue Filing
Notice of Electronic Filing and Copies