What Is A Voluntary Petition In A Bankruptcy?
What is a Voluntary Petition and Where to Get a Copy?
When an individual or business decides to file for bankruptcy, they must complete a number of legal documents to initiate the process. One of the most important documents required for bankruptcy is a voluntary petition. This document is filed with the bankruptcy court and formally begins the bankruptcy process.
A voluntary petition is a document that initiates a bankruptcy case and declares that the debtor is unable to pay their debts. The debtor must complete the petition accurately and honestly, providing information on their financial situation and assets. Once filed, the voluntary petition automatically places an “automatic stay” on all collection actions against the debtor. This means that creditors cannot take any further legal action to collect on the debts owed.
Where to Get a Copy of the Voluntary Petition
A copy of the voluntary petition can be obtained from the bankruptcy court where the case was originally filed. The petition is a public record and can be accessed by anyone. The easiest way to obtain a copy is by going to the bankruptcy court directly. The court will usually provide copies for a fee, which varies by jurisdiction.
In addition to the bankruptcy court, there are several other resources where you can obtain a copy of the voluntary petition:
- PACER: Public Access to Court Electronic Records (PACER) is an online database that provides access to federal court documents, including bankruptcy filings. To obtain a copy of a voluntary petition, you will need to create an account on the PACER website and pay a fee for each document you download.
- U.S. Bankruptcy Records: This website provides access to bankruptcy records for a nominal fee. To obtain a copy of a voluntary petition, you will need to enter some basic information on the case. Once submitted it will take less than an hour for them to search and email PDF copies of the case.
- BankruptcyData: This website provides access to bankruptcy court dockets and documents for a fee. To obtain a copy of a voluntary petition, you will need to create an account and then search for the case by name, state, and bankruptcy court district. Once you locate the case, you can purchase a copy of the document.
In conclusion, a voluntary petition is a crucial document required to initiate a bankruptcy case. While a copy can be obtained from the bankruptcy court where the case was filed, there are also several online resources available for a fee. These resources can be helpful for individuals and businesses who need access to bankruptcy records for research or legal purposes.