11 U.S.C. § 301 — Voluntary cases
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 57 words · no verdicts yet
A person or business can start their own bankruptcy case by filing a petition with the bankruptcy court. Filing this petition automatically counts as an order for relief under that bankruptcy chapter.
(a) A "voluntary case" — a bankruptcy case the debtor* starts — begins when an entity* that qualifies as a debtor under a given chapter of this title files a petition with the bankruptcy court under that chapter.
(b) The moment a voluntary case begins this way, it automatically counts as an "order for relief" under that chapter — the formal legal starting point for the bankruptcy process.
A voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity* that may be a debtor* under such chapter.
The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2558; Pub. L. 109–8, title V, § 501(b), Apr. 20, 2005, 119 Stat. 118.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2558
- 2005Amended · Pub. L. 109-8 · 119 Stat. 118
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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