U.S. Code » Title 11 » Chapter CHAPTER 3— CASE ADMINISTRATION › Subchapter SUBCHAPTER I— COMMENCEMENT OF A CASE

11 U.S.C. § 302

Joint cases

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(a) A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual’s spouse. The commencement of a joint case under a chapter of this title constitutes an order for relief under such chapter.(b) After the commencement of a joint case, the court shall determine the extent, if any, to which the debtors’ estates shall be consolidated.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2558.)Historical and Revision Notessenate report no. 95–989

A joint case is a voluntary bankruptcy case concerning a wife and husband. Under current law, there is no explicit provision for joint cases. Very often, however, in the consumer debtor context, a husband and wife are jointly liable on their debts, and jointly hold most of their property. A joint case will facilitate consolidation of their estates, to the benefit of both the debtors and their creditors, because the cost of administration will be reduced, and there will be only one filing fee.

Section 302 specifies that a joint case is commenced by the filing of a petition under an appropriate chapter by an individual and that individual’s spouse. Thus, one spouse cannot take the other into bankruptcy without the other’s knowledge or consent. The filing of the petition constitutes an order for relief under the chapter selected.

Subsection (b) requires the court to determine the extent, if any, to which the estates of the two debtors will be consolidated; that is, assets and liabilities combined in a single pool to pay creditors. Factors that will be relevant in the court’s determination include the extent of jointly held property and the amount of jointly-owned debts. The section, of course, is not license to consolidate in order to avoid other provisions of the title to the detriment of either the debtors or their creditors. It is designed mainly for ease of administration.

Notes of Decisions
Cited in 231 cases (13 in the last 5 years), 1936–2026 · leading case: Ageton v. Cervenka (In Re Ageton), 14 B.R. 833 (9th Cir. BAP 1981).
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Ageton v. Cervenka (In Re Ageton), 14 B.R. 833 (9th Cir. BAP 1981). · cites it 20× “This right is not lost if spouses file a joint case pursuant to 11 U.S.C. § 302 . Accord: In re Ancira, 5 B.”
In Re Kandu, 315 B.R. 123 (Bankr. W.D. Wash. 2004). · cites it 9× “This matter came before the Court pursuant to an Order to Show Cause for Improper Joint Filing under 11 U.S.C. § 302 . Based on the arguments presented and considering the pleadings submitted, the Court’s findings of fact and conclusions of law are as follows: FINDINGS OF FACT…”
In Re Ida v. Reider & James M. Reider, Debtors. Ida v. Reider v. Fed. Deposit Ins. Corp., 31 F.3d 1102 (11th Cir. 1994). · cites it 4× “11 U.S.C. § 302 (b); Rule 1015(b). *1105 Thus, we review an order of substantive eon-sohdation for abuse of discretion.”
In Re Eichhorn, 338 B.R. 793 (Bankr. S.D. Ill. 2006). · cites it 5× “In addition, the debtors’ respective estates have not been consolidated pursuant to 11 U.S.C. § 302 (b). The filing of either a single or a joint petition in bankruptcy brings entire-ties property into the bankruptcy estate pursuant to § 541(a)(1) of the Bankruptcy Code.”
D'Avignon v. Palmisano, 34 B.R. 796 (D. Vt. 1982). · cites it 4× “The debtors do not dispute that, had they filed a joint petition under 11 U.S.C. § 302 (a) (Supp. Ill 1979), the property held as tenants by the entirety would be available to the trustee to satisfy joint creditors.”
Manning v. Watkins (In re Watkins), 474 B.R. 625 (Bankr. N.D. Ind. 2012). · cites it 3× “See 11 U.S.C. § 302 . Each joint debtor has a separate estate unless the two estates are substantially consolidated under § 302(b).”
In re Villaverde, 540 B.R. 431 (Bankr. C.D. Cal. 2015). · cites it 6× “§ 1334 and 11 U.S.C. §§ 302 and 1307, and this is a core proceeding under 28 U.”
Matter of Stuart, 31 B.R. 18 (Bankr. D. Conn. 1983). · cites it 4× “It contends, however, that leave tp amend proofs of claim is liberally granted and that its additional claim against Gilbert relates back to the claim filed on April 7, 1982 against Diane in this alleged single estate.”
Olson-Ioane v. Derham-Burk (In Re Olson), 253 B.R. 73 (9th Cir. BAP 2000). · cites it 6× “This appeal presents the question whether a joint bankruptcy case under 11 U.S.C. § 302 (a) may be commenced by amending an existing individual debtor’s petition in a case commenced under 11 U.”
In Re Malone, 50 B.R. 2 (Bankr. E.D. Mich. 1985). · cites it 5× “The issue before the court is whether two debtors who cohabitate but have never been legally married are entitled to file a joint petition under 11 U.S.C. § 302 (a) (West 1979). Upon consideration of the stipulated facts, this court concludes that Victor K.”
Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers & Barbara Devers, Debtors. Cloyd W. Devers & Barbara Devers v. Bank of Sheridan, Montana, 759 F.2d 751 (9th Cir. 1985). “11 U.S.C. § 302 authorizes a joint case, which is commenced by an individual and spouse filing a single petition.”
In Re Salazar, 339 B.R. 622 (Bankr. S.D. Tex. 2006). · cites it 2× “” 11 U.S.C. § 302 (a) (emphasis added). (3) Who may be a debtor.”
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