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11 U.S.C. § 921 — Petition and proceedings relating to petition

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section301&num=0&edition=prelim) 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 notwithstanding section 301(b). **(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.

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Source location: Title 11, Chapter 9, § 921; chapter-009-adjustment-of-debts-of-a-municipality.md

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 301 — Voluntary cases

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 921 — Petition and proceedings relating to peti-

Page 230 TITLE 11—BANKRUPTCY § 921 (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2622.) HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 This section adopts the policy of section 82(c) of cur- rent law [section 402(c) of former title 11]. The only change in this section from section 82(c) is to conform the section to the style and cross-references of S. 2266. HOUSE REPORT NO. 95–595 This section adopts the policy of section 82(c) of cur- rent law [section 402(c) of former title 11]. The Usery case underlines the need for this limitation on the court’s powers. The only change in this section from section 82(c) is to conform the section to the style and cross-references of H.R. 8200. This section makes clear that the court may not interfere with the choices a mu- nicipality makes as to what services and benefits it will provide to its inhabitants. SUBCHAPTER II—ADMINISTRATION Editorial Notes AMENDMENTS 1984—Pub. L. 98–353, title III, § 493, July 10, 1984, 98 Stat. 383, substituted ‘‘SUBCHAPTER’’ for ‘‘SUBCHAPER’’. § 921. Petition and proceedings relating to peti- tion (a) Notwithstanding sections 109(d) and 301 of this title, a case under this chapter concerning an unincorporated tax or special assessment dis- trict that does not have such district’s own offi- cials 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 dis- trict. (b) The chief judge of the court of appeals for the circuit embracing the district in which the case is commenced shall designate the bank- ruptcy judge to conduct the case. (c) After any objection to the petition, the court, after notice an

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