Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 9– ADMINISTRATION

Sub Chapter II – General Provisions

Sec. 921. Petition and proceedings relating to petition

    (a) Notwithstanding sections 109(d) and 301 of this title, a case 
under this chapter concerning an unincorporated tax or special 
assessment district that does not have such district's own officials is 
commenced by the filing under section 301 of this title of a petition 
under this chapter by such district's governing authority or the board 
or body having authority to levy taxes or assessments to meet the 
obligations of such district.
    (b) The chief judge of the court of appeals for the circuit 
embracing the district in which the case is commenced shall designate 
the bankruptcy judge to conduct the case.
    (c) After any objection to the petition, the court, after notice and 
a hearing, may dismiss the petition if the debtor did not file the 
petition in good faith or if the petition does not meet the requirements 
of this title.
    (d) If the petition is not dismissed under subsection (c) of this 
section, the court shall order relief under this chapter.
    (e) The court may not, on account of an appeal from an order for 
relief, delay any proceeding under this chapter in the case in which the 
appeal is being taken; nor shall any court order a stay of such 
proceeding pending such appeal. The reversal on appeal of a finding of 
jurisdiction does not affect the validity of any debt incurred that is 
authorized by the court under section 364(c) or 364(d) of this title.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2622; Pub. L. 98-353, title III, 
Sec. 494, July 10, 1984, 98 Stat. 383.)


                      Historical and Revision Notes

                         legislative statements

    Section 905 of the Senate amendment is incorporated as section 
921(b) of the House amendment with the difference that the chief judge 
of the circuit embracing the district in which the case is commenced 
designates a bankruptcy judge to conduct the case in lieu of a district 
judge as under present law. It is intended that a municipality may 
commence a case in any district in which the municipality is located, as 
under present law. Section 906 of the Senate amendment has been adopted 
in substance in section 109(c) of the House amendment.


                        senate report no. 95-989

    Section 905 [enacted as section 921(b)] adopts the procedures for 
selection of the judge for the chapter 9 case as found in current 
section 82(d) [section 402(d) of former title 11]. It is expected that 
the large chapter 9 case might take up almost all the judicial time of 
the presiding judge and involve very complex legal questions. Selection 
should not be left to chance or the luck of the draw. This provision 
will insure that calendar demands and levels of experience can be 
considered in the selection of the judge in a chapter 9 case.


                         house report no. 95-595

    Subsection (a) is derived from section 85(a) [section 405(a) of 
former title 11], second sentence, of current law. There is no 
substantive change in the law. The subsection permits a municipality 
that does not have its own officers to be moved into chapter 9 by the 
action of the body or board that has authority to levy taxes for the 
municipality.
    Subsection (b) permits a party in interest to object to the filing 
of the petition not later than 15 days after notice. This provision 
tracks the third sentence of section 85(a) [section 405(a) of former 
title 11], except that the provision for publication in section 85(a) is 
left to the Rules (see Rule 9-14), and therefore the determinative date 
is left less definite.
    Subsection (c) permits the court to dismiss a petition not filed in 
good faith or not filed in compliance with the requirements of the 
chapter. This provision is the fourth sentence of section 85(a) [section 
405(a) of former title 11].
    Subsection (d) directs the court to order relief on the petition if 
it does not dismiss the case under subsection (c).
    Subsection (e) contains the fifth and sixth sentences of section 
85(a) [section 405(a) of former title 11].


                               Amendments

    1984--Subsec. (a). Pub. L. 98-353, Sec. 494(c), substituted 
``109(d)'' for ``109(c)''.
    Subsec. (c). Pub. L. 98-353, Sec. 494(a), substituted ``any'' for 
``an'', and ``petition if the debtor did not file the petition in good 
faith'' for ``petition, if the debtor did not file the petition in good 
faith,''.
    Subsec. (d). Pub. L. 98-353, Sec. 494(b), (d), redesignated subsec. 
(e) as (d) and substituted ``subsection (c)'' for ``subsection (d)''. No 
former subsec. (d) had been enacted.
    Subsecs. (e), (f). Pub. L. 98-353, Sec. 494(b), redesignated subsec. 
(f) as (e). Former subsec. (e) redesignated (d).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-353 effective with respect to cases filed 90 
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out 
as a note under section 101 of this title.

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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