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    odaniel's Avatar
    odaniel Posts: 6, Reputation: 1
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    #1

    May 17, 2011, 10:01 AM
    When a bankruptcy court enters an "order for relief" did it accept the petition?
    Accounting question - When a bankruptcy court enters an “order for relief” did it accept the petition?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 17, 2011, 12:18 PM
    Quote Originally Posted by odaniel View Post
    Accounting quetion - When a bankruptcy court enters an €œorder for relief€ did it accept the petition?.
    301 of the Bankruptcy Code (Title 11 of the US Code), Voluntary cases, provides as follows:

    "(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."

    It's not a matter of a bankruptcy judge deciding whether to "accept" a petition or not. If the petition is duly filed, it's filed. Whether the debtor is entitled to a discharge, and other matters, depends upon whether someone objects.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 28, 2011, 03:54 AM

    Please stop posting your homework for "us" to answer.

    Open a textbook and see what you can learn.

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