Sierra Madre Bankruptcy Attorney, Bankruptcy Lawyer, Bankruptcy Code 11 USC Section 301

TITLE 11 - BANKRUPTCY
CHAPTER 3 - CASE ADMINISTRATION
    SUBCHAPTER I - COMMENCEMENT OF A CASE

-HEAD-
    Sec. 301. Voluntary cases

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2558; Pub. L. 109-8, title
    V, Sec. 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.

                                AMENDMENTS                            
      2005 - Pub. L. 109-8 designated existing provisions as subsec.
    (a), struck out "The commencement of a voluntary case under a
    chapter of this title constitutes an order for relief under such
    chapter." at end, and added subsec. (b).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-8 effective 180 days after Apr. 20,
    2005, and not applicable with respect to cases commenced under this
    title before such effective date, except as otherwise provided, see
    section 1501 of Pub. L. 109-8, set out as a note under section 101
    of this title.

-End-
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