This article provides an overview of the requirements petitioning creditors must satisfy to commence an involuntary process and discusses certain circumstances under which an involuntary filing may be contested by a putative debtor.

Aside from the traditional path of pursuing a judgment against the putative debtor in state court, one or more creditors—if certain criteria are met—can force a delinquent debtor into a bankruptcy proceeding through the filing of an involuntary bankruptcy petition. Commencing an involuntary bankruptcy is a powerful remedy to secure payment. However, involuntary bankruptcy cases account for less than one percent of bankruptcy proceedings in the United States each year.

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