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Chapter 3.  Case Administration

Subchapter I.  Commencement of a Case

11 USC § 302.  Joint cases

(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.

[Rev. 4-29-05]


Summary of changes in § 101. Definitions made by Bankruptcy Abuse Prevention and Consumer Protection Act of 2005:
  • §101(3) defines "assisted person."
  • §101(4A) defines "bankruptcy assistance."
  • §101(7A) of S.420 defines "commercial fishing operation."
  • §101(7B) of S.420 defines "commercial fishing vessel."
  • §101(10A) defines "current monthly income" as the debtors' average monthly income from all sources (including non-taxable sources) derived during the 6-month period preceding the date of determination.  Social Security benefits are excluded from income.
  • §101(12A) defines "debt relief agency."
  • §101(13A) defines "debtor's principal residence."
  • §101(14) modifies the definition for "disinterested person."
  • §101(14A) defines "domestic support obligation" which replaces "debt for child support." 
  • §101(18) of S.420 modifies the definition for "family farmer."
  • §101(19A) of S.420 defines "family fisherman."
  • §101(19B) of S.420 defines "family fisherman with regular annual income."
  • §101(22) modifies the definition for "financial institution."
  • §101(22A) defines "financial participant."
  • §101(23) modifies the definition for "foreign proceeding."
  • §101(24) modifies the definition for "foreign representative."
  • §101(25) modifies the definition for "forward contract."
  • §101(27A)  defines "health care business."
  • §101(27B)  defines "incidental property," which is included in "debtor's principal residence."
  • §101(38A)  defines "master netting agreement."
  • §101(38B)  defines "master netting agreement participant."
  • §101(40A)  defines "patient."
  • §101(40B)  defines "patient records."
  • §101(42A) of S.420 only defines "personally identifiable information."
  • §101(46) modifies the definition for "repo participant."
  • §101(47) modifies the definition for "repurchase agreement."
  • §101(48) modifies the definition for "securities clearing agency."
  • §101(48A) defines "securities self regulatory organization."
  • §101(51C) modifies the definition for "small business case."
  • §101(51D) defines "small business debtor."
  • §101(53B) modifies the definition for "swap agreement."
  • §101(54) modifies the definition for "transfer."

Text appearing below in blue is the same in H.R.333 and S.420. Text in maroon is only in H.R.333. Text in green is only in S.420.