Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 3–CASE ADMINISTRATION

Sub Chapter –Commencement of a Case

Sec. 301. Voluntary cases

   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.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2558.)


                      Historical and Revision Notes

                         legislative statements

    Sections 301, 302, 303, and 304 are all modified in the House 
amendment to adopt an idea contained in sections 301 and 303 of the 
Senate amendment requiring a petition commencing a case to be filed with 
the bankruptcy court. The exception contained in section 301 of the 
Senate bill relating to cases filed under chapter 9 is deleted. Chapter 
9 cases will be handled by a bankruptcy court as are other title 11 
cases.


                        senate report no. 95-989

    Section 301 specifies the manner in which a voluntary bankruptcy 
case is commenced. The debtor files a petition under this section under 
the particular operative chapter of the bankruptcy code under which he 
wishes to proceed. The filing of the petition constitutes an order for 
relief in the case under that chapter. The section contains no change 
from current law, except for the use of the phrase ``order for relief'' 
instead of ``adjudication.'' The term adjudication is replaced by a less 
pejorative phrase in light of the clear power of Congress to permit 
voluntary bankruptcy without the necessity for an adjudication, as under 
the 1898 act [former title 11], which was adopted when voluntary 
bankruptcy was a concept not thoroughly tested.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 362, 365, 522, 541, 
901, 921 of this title.
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Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software