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D is corrent. Under an involuntary bankruptcy petition, if there are fewer than 12 creditors, a single creditor may file the petition as long as his/her claim is $14,425 in excess of any security s/he may hold. If the involuntary petition in bankruptcy is not contested, it will automatically result in the entry of an order for relief by the bankruptcy court. However, if the petition is contested, the creditor(s) are required to prove either that the debtor is not paying his/her debts as they mature, or that during the 120 days preceding the filing of a petition, a custodian took possession of the debtor’s property. In this situation, there are fewer than 12 creditors which enables Rusk, as an unsecured creditor owed more than $14,425, to file a bankruptcy petition against Wilk. Even though Wilk has contested this bankruptcy petition, it will be granted since Rusk can prove Wilk is unable to pay Wilk’s debts as they mature.
A is incorrect. There is no requirement that a secured creditor join in the filing of a petition.
B is incorrect. Only when there are 12 or more creditors is it necessary for at least 3 creditors (whose claims aggregate at least $14,425 over any security held by the creditors) to sign the petition.
C is incorrect. The petition will not be granted based on the fact that Wilk is insolvent in the "bankruptcy sense" (liabilities exceed assets). The creditor must prove that the debtor is insolvent in the equity sense (unable to pay his/her debts as they become due).