- 1). Locate the case name and docket number of your bankruptcy matter. This should be listed at the top of the notice you received from the creditor who filed the involuntary matter on your behalf. If you did not receive such notice, contact the creditor and demand notice. Otherwise, you may be able to move for a dismissal on the grounds that the petitioner failed to make appropriate notice of filing.
- 2). Contact the clerk of the bankruptcy court where the original petition was filed and request a copy of the petition, attachments and any other pleadings filed in the matter thus far. Provide the clerk with the case name and docket number listed on the notice you received from the creditor. There may be a nominal fee for duplication costs.
- 3). Review the bankruptcy petition that the creditor filed in the matter. Use a scratch piece of paper and jot down your tentative response to each point the creditor made within the petition. Refer to the exhibits attached to the petition and any documents within your personal records related to the matter to help you form your responses.
- 4). Draft a typewritten Objection to Claims for Involuntary Chapter 7 Bankruptcy. Enter the case caption as it appears on the original bankruptcy petition, including the docket number and the names of all parties involved. Outline your objections to the bankruptcy using the tentative responses you drafted on the scratch paper.
- 5). Review your objections to ensure they are complete, accurate and that they address the claims made within the original bankruptcy petition. Print and sign the objection.
- 6). Locate and attach any financial statements, correspondence or other documents you have that support your opposition to the bankruptcy petition. Make a copy of any documents you think will substantiate your objections. Label each document as an exhibit in a systematic manner, using "Exhibit A" or "Exhibit 1" for the first exhibit for your objection. Attach the exhibits to the back of your signed objection.
- 7). Make a copy of the signed objection and your exhibits. Retain the copies for your personal records.
- 8). File the original signed objection, along with the attached exhibits, with the clerk of the bankruptcy court where the petition was initially filed. There will be a nominal filing fee--typically, between $150 and $350--that will vary depending in the particular court. Retain the filed copy of the objection that the clerk returns to you.
- 9). Make a copy of the filed objection and the attachments for each creditor named on the bankruptcy petition. Mail one copy to each creditor via certified mail with signature delivery. Retain the receipt for your personal records.
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Attend the court hearing. If your objection was accepted, the clerk will schedule a hearing and notify you of the date and time you need to appear. Bring copies of the original petition, your objection, attachments and any other documents you think will substantiate your objection. The creditors will likely send an attorney on their behalves; be prepared to provide your reasons for objecting and to argue why the judge should dismiss the bankruptcy proceedings.
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