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11 U.S.C. § 301 — Voluntary cases
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 11, Chapter 3, § 301; chapter-003-case-administration.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 921
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Suspension of parallel Federal Deposit Insurance Act authority** Effective upon July 21, 2010, the Corporation may not exercise its authority under [section 1823(c)(4)(G)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1823/c/4/G/i&num=0&edition=prelim) to establish any widely available debt guarantee program for which [section 5612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5612&num=0&edition=prelim) would provide authority.
**(b) Omitted**
**(c) Effect of default on an FDIC guarantee** If an insured depository institution or depository institution holding company (as those terms are defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim)) participating in a program under [section 5612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5612&num=0&edition=prelim), or any participant in a debt guarantee program established pursuant to [section 1823(c)(4)(G)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1823/c/4/G/i&num=0&edition=prelim) defaults on any obligation guaranteed by the Corporation after July 21, 2010, the Corporation shall—
(1) appoint itself as receiver for the insured depository institution that defaults; and
(2) with respect to any other participating company that is not an insured depository institution that defaults—
(A) require—
(i) consideration of whether a determination shall be made, as provided in [section 5383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5383&num=0&edition=prelim) to resolve the company under [section 53
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5622
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Federal law — U.S. Code and appendices · legal_authorities
Page 46
TITLE 11—BANKRUPTCY
§ 301
(Added Pub. L. 109–8, title II, § 233(a), Apr. 20,
2005, 119 Stat. 74.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section 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 an
Effective Date of 2005 Amendment note under section
101 of this title.
CHAPTER 3—CASE ADMINISTRATION
SUBCHAPTER I—COMMENCEMENT OF A CASE
Sec.
301.
Voluntary cases.
302.
Joint cases.
303.
Involuntary cases.
[304.
Repealed.]
305.
Abstention.
306.
Limited appearance.
307.
United States trustee.
308.
Debtor reporting requirements.
SUBCHAPTER II—OFFICERS
321.
Eligibility to serve as trustee.
322.
Qualification of trustee.
323.
Role and capacity of trustee.
324.
Removal of trustee or examiner.
325.
Effect of vacancy.
326.
Limitation on compensation of trustee.
327.
Employment of professional persons.
328.
Limitation on compensation of professional
persons.
329.
Debtor’s transactions with attorneys.
330.
Compensation of officers.
331.
Interim compensation.
332.
Consumer privacy ombudsman.
333.
Appointment of patient care ombudsman.
SUBCHAPTER III—ADMINISTRATION
341.
Meetings of creditors and equity security
holders.
342.
Notice.
343.
Examination of the debtor.
344.
Self-incrimination; immunity.
345.
Money of estates.
346.
Special provisions related to the treatment of
State and local taxes.
347.
Unclaimed property.
348.
Effect of conversion.
349.
Effect of dismissal.
350.
Closing and reopening cases.
351.
Disposal of patient records.
SUBCHAPTER IV—ADMINISTRATIVE POWERS
361.
Adequate protection.
362.
Automatic stay.
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 301
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