List the record for a hearing on an involuntary bankruptcy petition
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the petition date, the debts the books show as due, any writing that disputes a debt, and any document showing a custodian took possession, with the date of possession. Write no submission.
- What the lawyer must review
- 11 U.S.C. § 303(h): if the petition is not timely controverted, the court orders relief. Otherwise, after trial, the court orders relief only if the debtor is generally not paying debts as they become due unless those debts are the subject of a bona fide dispute as to liability or amount, or if, within 120 days before the petition, a custodian other than a trustee, receiver, or agent appointed to take charge of less than substantially all of the property for the purpose of enforcing a lien was appointed or took possession. Section 303(i): if the court dismisses a petition other than on consent of all petitioners and the debtor, and the debtor does not waive the right to judgment, the court may grant costs or a reasonable attorney’s fee against the petitioners, and against a petitioner who filed in bad faith, proximate damages or punitive damages. The lawyer writes the submission. Bankruptcy Rule 9011(b) certifies it. The time to controvert is in the Bankruptcy Rules, which were not opened for that deadline.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.