§ 301. Voluntary cases
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/usc/title-11/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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.
(b)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; Pub. L. 109–8, title V, § 501(b), Apr. 20, 2005, 119 Stat. 118.)
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.
Connections10 cite this · traces to 1
Cited by 10 sections · top 9
statutes-at-large
- Public Law 95–598To establish a uniform Law on the Subject of Bankruptcies
- Public Law 99–554To amend title 28 of the United States Code to provide for the appointment of additional bankruptcy judges, to provide for the appointment of United States trustees to serve in bankruptcy cases in judicial districts throughout the United States, to make certain changes with respect to the role of Un
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U.S. Code
6 references not yet in our index
- Pub. L. 95–598
- 92 Stat. 2558
- Pub. L. 109–8, title V, § 501(b)
- 119 Stat. 118
- Pub. L. 109–8
- section 1501 of Pub. L. 109–8
Citation graph
cites case law
§ 301
Voluntary cases
Fed. Reg.×4
Stat.×2
U.S.C.×2
C.F.R.×1
IRM×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2558
Pub. L.Pub. L. 109–8, title V, § 501(b)
Stat.119 Stat. 118
Pub. L.Pub. L. 109–8
Cites 7 · showing 6Cited by 10 across 5 sources