11-U.S.C.-302
§302 – Joint Cases
Pathway
Title 11 > Chapter 3 > Subchapter I > Section 302
Details
- Reference: Section 302
- Legend: §302 – Joint Cases
- USCode Year: 2013
Provision Content
(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 individuals 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 Notes
senate 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 individuals spouse. Thus, one spouse cannot take the other into bankruptcy without the others 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 courts 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.
U.S. Encyclopedia of Law Coverage
11-U.S.C.-302 in the Legal Encyclopedia: Bankruptcy
In this entry about 11-U.S.C.-302, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.
Title 11 – Bankruptcy in the Legal Encyclopedia: Bankruptcy Case Administration
In this entry about Title 11 – Bankruptcy, find legal reference material, bibliographies and premiere content related to bankruptcy case administration in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy case administration-specific issues, written by authorities in the field.
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