Involuntary Bankruptcy

Involuntary bankruptcy is a creditor’s remedy. It allows a debtor’s creditors holding the required amount and type of unsecured claims to force the debtor into Chapter 7 or Chapter 11 bankruptcy.  Before commencing an involuntary bankruptcy case, the Bank should consider pursuing other alternatives. The Bank can sue the debtor for the amount due.  A diligent Bank (or other creditor) may be able to obtain payment or a lien prior to other creditors.  If so, such Bank probably will not want an involuntary filing against the debtor.  This is because the Bank may be forced to disgorge preferential judicial liens (e.g., attachment liens) or to return preferential transfers (including consensual liens) and payments on antecedent debts.