Question

Are my creditors allowed to file for bankruptcy on my behalf?

I recently found out that my creditors filed for a chapter 14 bankruptcy on my company. Can they really do this without telling me?
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Answered By: Janet A. Lawson Bankruptcy Attorney
There is such a thing as an involuntary bankruptcy. You need a lawyer now.

Answer Applies to: California
Replied: 10/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Creditors can file an involuntary bankruptcy under chapter 11 for a business that is insolvent.

Answer Applies to: California
Replied: 10/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jackie Robert Geller
Creditors can file an involuntary bankruptcy petition against a debtor under certain circumstances. I doubt it's a chapter 14 however. More likely a Chapter 11 or 7. But you need to consult with an attorney immediately.

Answer Applies to: California
Replied: 10/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
I do not believe that a bankruptcy Chapter 14 exists unless Congress passed the new law secretly in the last few days. There is an involuntary Chapter 7 that creditors can file to put a company in bankruptcy. Unless they filed twice and you are adding 7 plus 7, I don't think that Chapter 14 exists. The Chapters under which bankruptcy cases can be filed are 7, 9, 11, 12, 13 and 15 except 12 which deals with farmers and ranchers, all are odd numbers. Only Chapter 7 liquidation bankruptcy can be filed by creditors to put the debtor in bankruptcy involuntarily.

Answer Applies to: California
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Robert P. Taylor
I never heard of a Chapter 14, but yes, a creditor can file an "involuntary petition" on your behalf. Of course you have a right to oppose it.

Answer Applies to: California
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
First, there is no such bankruptcy chapter as Chapter 14. However, if 3 or more creditors with claims in excess of about $14,000 or if you have 12 creditors or less, one creditor with a claim in excess of about $14,000 can file either an involuntary Chapter 7 or Chapter 11. You need to be served and have 20 days in which to respond.

Answer Applies to: California
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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