B105, printed on the form as Official Form 105, is the Involuntary Petition Against an Individual published by the Administrative Office of the U.S. Courts. Petitioners use it to begin a bankruptcy case against an individual they allege to be a debtor subject to an involuntary case, under Chapter 7 or Chapter 11. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself and its agency page are published at uscourts.gov.
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What is B 105?
Involuntary Petition Against an Individual (Official Form 105, listed by the agency as B 105) is the bankruptcy form used to begin a bankruptcy case against an individual whom the petitioners allege to be a debtor subject to an involuntary case.
The Administrative Office of the U.S. Courts publishes it as an Official Bankruptcy Form. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009. The revision printed on this form is 12/15.
The petition has four parts. Part 1 picks the chapter of the Bankruptcy Code, Chapter 7 or Chapter 11. Part 2 identifies the debtor: name, other names used in the last 8 years, the last 4 digits of the Social Security Number or ITIN, any EINs, addresses, type of business, type of debt and related bankruptcy cases. Part 3 reports why the court has venue, the allegations under 11 U.S.C. § 303, any transfer of claims and each petitioner's claim. Part 4 is the request for relief, with the petitioners' declaration under penalty of perjury and the signature blocks.
The form is only for individual debtors. To begin a case against a non-individual, the form directs you to Official Form 205, Involuntary Petition Against a Non-individual.
Who needs to file B 105?
Petitioners who want to start a bankruptcy case against an individual use this form. On line 11 each petitioner states that it is eligible to file under 11 U.S.C. § 303(b) and that the debtor may be the subject of an involuntary case under 11 U.S.C. § 303(a).
Who signs:
- Each petitioner, or the petitioner's representative, who includes the representative's title.
- The petitioner's attorney, if the petitioner has one. An individual petitioner without an attorney gives a contact phone and email instead.
- A corporation that is a petitioning creditor, which also attaches the corporate ownership statement required by Bankruptcy Rule 1010(b).
- A foreign representative appointed in a foreign proceeding, who attaches a certified copy of the court's recognition order.
Do not use Official Form 105 if the alleged debtor is not an individual. The form says to use Official Form 205 for a non-individual debtor.
When to file B 105
File the form when the petitioners are ready to begin an involuntary bankruptcy case against the individual debtor. No filing deadline is printed on it.
Two time periods on the form affect what you can truthfully check. For venue on line 10, the form looks at the 180 days before the filing: where the debtor resided, had the principal place of business or had principal assets longer than in any other district. For the custodian allegation on line 11, the form asks whether a custodian was appointed or took possession within 120 days before the filing of the petition. The form sets no processing time.
Documents you need
- Documents that evidence the transfer of any claim, and any statements required under Bankruptcy Rule 1003(a), only if you answer Yes on line 12 about a transfer of a claim against the debtor.
- Corporate ownership statement required by Bankruptcy Rule 1010(b), only if a petitioning creditor is a corporation.
- Certified copy of the order of the court granting recognition, only if any petitioner is a foreign representative appointed in a foreign proceeding.
- Additional sheets for more than 3 petitioners, with the statement under penalty of perjury, each petitioner's or representative's signature and the attorney's signature, plus claim and representative details in the form's format.
- A separate sheet for any answer that needs more space, with the debtor's name and the case number (if known) written at the top of each added page.
How to fill out B 105
Identify the court and case
At the top of page 1, enter the United States Bankruptcy Court district and state. Add the case number only if known, and check the amended filing box if this amends an earlier petition.
Choose the chapter in Part 1
On line 1, check Chapter 7 or Chapter 11. Only one box may be checked.
Enter the debtor's names
Line 2: first, middle and last name and any suffix (Sr., Jr., II, III). Line 3: other names you know the debtor has used in the last 8 years, including assumed, married, maiden, trade and doing business as names.
Enter debtor ID numbers
Line 4: check Unknown, or enter only the last 4 digits of the Social Security Number or ITIN. Line 5: check Unknown, or enter any EINs used in the last 8 years.
Give the debtor's addresses
Line 6: enter the principal residence with county, a different mailing address if there is one, and the principal place of business with county.
Describe the business and debts
Line 7: check Debtor does not operate a business, or one business type. Line 8: check whether each petitioner believes the debts are primarily consumer debts or primarily business debts.
List related bankruptcy cases
Line 9: check No, or check Yes and give the debtor, relationship, district, date filed (MM / DD / YYYY) and case number, if known, for any pending case by or against a partner, spouse or affiliate.
State the venue reason
Line 10: check one box: the 180-day residence, business or assets test, a pending affiliate or partnership case in this district, or Other reason with an explanation citing 28 U.S.C. § 1408.
Check the allegations
Line 11: check at least one box, either that the debtor is generally not paying debts as they become due (unless subject to a bona fide dispute) or that a custodian was appointed or took possession within 120 days.
Report claim transfers and claims
Line 12: check No, or Yes and attach the transfer documents. Line 13: for each petitioner enter name, nature of claim and the amount above any lien, then the total.
Sign and date Part 4
Each petitioner or representative signs with printed name, date (MM / DD / YYYY), mailing address and contact details. The petitioner's attorney signs and adds firm name, address, phone and email.
Review and download the PDF
Check the chapter, venue, allegations and signatures, and confirm every required attachment is ready. Download or print the completed PDF from FillingPDF and submit it through the bankruptcy court's channels.
How to submit B 105
The form is addressed to a United States Bankruptcy Court; you name the district in the box at the top of page 1. It prints no mailing address, portal or filing instructions of its own, so confirm how that bankruptcy court accepts new cases.
- Choose the court: complete the district at the top and the venue reason on line 10, citing 28 U.S.C. § 1408 if you use "Other reason."
- Sign it: the petitioners (or their representatives) and any attorney sign and date Part 4.
- Assemble the package: add every attachment the form requires for your situation, such as documents for a claim transfer on line 12 or additional sheets for more than 3 petitioners.
The form states that if relief is not ordered, the court may award attorneys' fees, costs, damages and punitive damages under 11 U.S.C. § 303(i). FillingPDF lets you fill out and download the PDF; submission follows the court's channels.
Common mistakes to avoid
- Using Official Form 105 for a debtor that is not an individual; the form directs you to Official Form 205 for a non-individual.
- Writing the debtor's full Social Security Number or ITIN on line 4; the form asks for only the last 4 digits.
- Checking neither allegation box on line 11; at least one box must be checked.
- Answering No on line 12 when a claim was transferred, or answering Yes without attaching the transfer documents and any Bankruptcy Rule 1003(a) statements.
- Filing with a corporate petitioner without the corporate ownership statement required by Bankruptcy Rule 1010(b).
- Listing more than 3 petitioners on line 13 without attaching additional sheets that carry the sworn statement and signatures.
- Adding extra pages without the debtor's name and case number (if known) at the top of each page.
- Leaving Part 4 unsigned by the petitioner or representative, when the form requires the declaration under penalty of perjury.
Frequently asked questions
What is the B105 form used for?
B105, printed as Official Form 105, is the Involuntary Petition Against an Individual. Petitioners use it to begin a bankruptcy case against an individual they allege to be a debtor subject to an involuntary case, under either Chapter 7 or Chapter 11 of the Bankruptcy Code.
Who signs Official Form 105?
Each petitioner or the petitioner's representative signs, including the representative's title, and the petitioner's attorney signs if there is one. Part 4 makes the signers declare under penalty of perjury that the information is true and correct.
Can I use Form 105 against a business or corporation?
No. Form 105 is only for an individual debtor. For a non-individual, the form tells you to use Official Form 205, Involuntary Petition Against a Non-individual.
Do I have to choose Chapter 7 or Chapter 11?
Yes. Line 1 asks you to check one chapter, Chapter 7 or Chapter 11. The relief the petitioners request in Part 4 is an order for relief under the chapter specified in Part 1.
What if there are more than three petitioners?
Attach additional sheets. They must carry the statement under penalty of perjury, each petitioner's or representative's signature, the petitioner's attorney's signature, and the petitioning creditor, claim, representative and attorney details in the form's format.
Can I fill out the B105 form online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the courts and does not file the petition; you submit it through the bankruptcy court's channels.
Where do I file the involuntary petition?
The form is addressed to the United States Bankruptcy Court for the district you write at the top. It prints no address or portal, so confirm with that court how it accepts new cases. Line 10 requires you to state the venue reason.
What happens if the court does not order relief?
The form warns that the court may award attorneys' fees, costs, damages and punitive damages under 11 U.S.C. § 303(i). It also warns that false statements can lead to a fine or imprisonment for up to 5 years, or both.
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