
303(a)—Who case can be brought against. An involuntary case may be commenced under Ch. 7 or 11, and only against a person (defined term), except a farmer, family farmer, or a corp that is not a money, business or commercial corp, that may be a debtor under the chapter under which such case is commenced.
1. 101(41)—Definition of person—includes individual, partnership and corporation.
2. 101(9)—Definition of Corporation—include unincorporated individual.
3. Note: Can’t file against corp that is not for money/business—this could include non-profit orgs and election campaigns.
4. Note—remember that if you can’t file involuntary b/r, there may still be a state law remedy available. These include:
a. prejudgment remedies—like freezing of assets
b. appointment of a receiver—sort of like a trustee put in place to ensure that funds aren’t dissipated. (this remedy usually tends to be regulatory).
c. Judgment.
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