---
title: "List the nonpayment and custodian facts for an involuntary petition"
url: "https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/draft-the-affidavit-in-support-of-a-winding-up-application-in-the-suprem/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A8-B15-2-US"
practice_area: "Insolvency, Restructuring & Bankruptcy"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the nonpayment and custodian facts for an involuntary petition

> List debts the file shows as unpaid, with the due date if printed, and any custodian named, with the date of appointment or possession if printed. Write no allegation.

Canonical page: https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/draft-the-affidavit-in-support-of-a-winding-up-application-in-the-suprem/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insolvency, Restructuring & Bankruptcy](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List debts the file shows as unpaid, with the due date if printed, and any custodian named, with the date of appointment or possession if printed. Write no allegation. |
| What the lawyer must review | Both Official Forms require at least one ground: the debtor is generally not paying debts as they become due, unless they are the subject of a bona fide dispute as to liability or amount, or, within 120 days before the petition, a custodian other than one taking less than substantially all of the property to enforce a lien was appointed or took possession. That is § 303(h). You choose the box. A debt in bona fide dispute as to liability or amount does not count toward the ground or toward the § 303(b) claims. Rule 9011 applies to the allegation you present. |
| Written for | United States |
| Applies to | [Draft the affidavit in support of a winding-up application in the Supreme Court of New South Wales](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/draft-the-affidavit-in-support-of-a-winding-up-application-in-the-suprem.md) |

## Checking plan

- What the AI does: List debts the file shows as unpaid, with the due date if printed, and any custodian named, with the date of appointment or possession if printed. Write no allegation.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Generally not paying is a judgment about the whole picture, not a count of one invoice.
- The custodian ground is 120 days before the filing, and it excludes a limited lien custodian.

## Sources

- [11 U.S.C. § 303, Involuntary cases](https://www.law.cornell.edu/uscode/text/11/303) (checked 2026-10-22)
- [Official Form 205, Involuntary Petition Against a Non-Individual](https://www.uscourts.gov/sites/default/files/form_b205_0.pdf) (checked 2026-10-22)
- [Federal Rule of Bankruptcy Procedure 9011](https://www.law.cornell.edu/rules/frbp/rule_9011) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*