Official Procedure Last Change December 1, 2019
Answer to Involuntary Petition
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How to file: Location of event: Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case > Involuntary Answer |
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General Information
- An Answer filed by a debtor is a formal written statement that either consents or objects to the petition that was filed by a petitioning creditor. The deadline for filing a response is 21 days from the date the Summons was issued by the court to the petitioning creditors.
- Once the time to file an answer has passed, the court makes a determination as to whether or not the Involuntary Petition will be allowed to proceed. If the debtor fails to file an answer before the deadline, the court may enter an order for relief as requested in the petition without further notice to the debtor.
- Seven days after the entry of the Order for Relief, the debtor must file a list of creditors, a diskette containing the list of creditor and a Statement of Social Security Number (if the debtor is an individual). The debtor must file Schedules and Statement of Financial Affairs 21 days after the entry of the Order.
Filing requirements
- The Answer must be signed by the filing party.
- The Answer must contain a Certificate of Service.
- A Corporate Ownership Statement must be filed if the debtor is not an individual or a governmental unit.
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Involuntary Answer from the event list and click Next.
5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
6. Browse to attach the document to be filed (pdf file). Click Next.
7. Select the Involuntary Petition to which the answer relates and click Next.
8. If applicable, select prefix text and/or insert text in text field, then click Next.
9. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.