11 U.S.C. § 301

Voluntary cases

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(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 Noteslegislative 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.

Editorial NotesAmendments

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).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 920 cases (84 in the last 5 years), 1934–2026 · leading case: Mullis v. United States Bankr. Court for the Dist. of Nevada, 828 F.2d 1385 (9th Cir. 1987).

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Mullis v. United States Bankr. Court for the Dist. of Nevada, 828 F.2d 1385 (9th Cir. 1987). · cites it 6× “First, he asserts that his bankruptcy petition was jurisdictionally defective under 11 U.S.C. § 301 , which provides that a voluntary bankruptcy case is commenced by filing a petition under one of the chapters of Title ll.”

Adams v. Zarnel, 619 F.3d 156 (2d Cir. 2010). · cites it 4× “§ 109 (h), the provisions that govern the commencement of bankruptcy cases, 11 U.S.C. §§ 301 , 302, and 303, and the statutory section governing automatic stays, 11 U.”

Tennessee Student Assistance Corp. v. Hood, 541 U.S. 440 (2004). · cites it 2× “The court clerk notifies the debtor's creditors of the order for relief, see Rule 2002( l ), and if a creditor wishes to participate in the debtor's assets, he files a proof of claim, Rule 3002(a); see 11 U. S. C. § 726 . If a creditor chooses not to submit a proof of claim,…”

R.G. Fin. Corp. v. Vergara-Nuñez, 446 F.3d 178 (1st Cir. 2006). · cites it 2× “See 11 U.S.C. § 301 (a). That filing stayed the execution of the foreclosure judgment.”

In re Covelli, 550 B.R. 256 (Bankr. S.D.N.Y. 2016). · cites it 4× “See 11 U.S.C. §§ 301 , 303. The Bankruptcy Code provides that “[a] voluntary case under a chapter of this title is commenced by the *264 filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter.”

In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah Bell, 225 F.3d 203 (2d Cir. 2000). · cites it 3× “See 11 U.S.C. § 301 . The conversion of a case initially brought under one chapter of the Bankruptcy Code to a case under another chap-, ter also constitutes “an order for relief under the chapter to which the case is converted,” but generally “does not effect a change in the…”

Diana Houck v. Substitute Tr. Servs., 791 F.3d 473 (4th Cir. 2015). “For example, a filing under 11 U.S.C. § 301 , like Houck’s Chapter 13 petitions, does not operate as a stay “of any act to enforce any lien against or security interest in real property .”

Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). “Procedural bankruptcy rules more directly guide the evaluation of claims.”

In Re: Barry L. Michael v., 699 F.3d 305 (3rd Cir. 2012). · cites it 2× “11 U.S.C. §§ 301 (a), 541(a).3 ―[I]n addition to the property specified in section 541‖ that exists at the filing of the Chapter 13 petition, the estate includes ―all property of the kind specified in [section 541] that the debtor acquires after the commencement of the case but…”

Johnson v. Long Beach Mortg. Loan Trust 2001-4, 451 F. Supp. 2d 16 (D.D.C. 2006). · cites it 2× “Under 11 U.S.C. § 301 (b), “the commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.”

Sandra Marshall v. Honeywell Tech. Sys., 828 F.3d 923 (D.C. Cir. 2016). · cites it 2× “See 11 U.S.C. § 301 . Marshall was then residing in Washington, D.”

Menk v. Lapaglia (In Re Menk), 241 B.R. 896 (9th Cir. BAP 1999). · cites it 2× “11 U.S.C. §§ 301 , 302(a), 303(b) & 304(a).”

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— 11 U.S.C. § 301(b) — 1 case

Pride Centric Resources, Inc. v. LaPorte (E.D. La. 2021).

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