11 U.S.C. § 302 — Joint cases
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 85 words · no verdicts yet
A married couple can file a single bankruptcy petition together, called a joint case. Filing this joint petition automatically counts as an order for relief. The court then decides how much, if any, of the couple's bankruptcy estates to combine.
(a) A "joint case" begins when an individual who qualifies as a debtor* under a chapter of this title files a single petition with the bankruptcy court under that chapter, together with that individual's spouse. Filing this joint petition automatically counts as an "order for relief" under that chapter.
(b) After a joint case begins, the court must decide how much, if any, of the two debtors' bankruptcy estates should be consolidated (combined).
A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor* under such chapter and such individual’s spouse. The commencement of a joint case under a chapter of this title constitutes an order for relief under such chapter.
After the commencement of a joint case, the court shall determine the extent, if any, to which the debtors’ estates shall be consolidated.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2558.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2558
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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