Getting Started

Filing Decisions and Effects

This chapter considers generally applicable issues of bankruptcy administration and several threshold issues of a bankruptcy case, including issues of eligibility and where and when to file. We will also briefly touch upon the matter of involuntary bankruptcies, a relative rarity in today’s practice but nevertheless a legitimate alternative under the circumstances delineated in the statute. Also, once a case is filed, certain judicial procedures are immediately implemented, notably the automatic stay. Familiarity with these basics is a must for anyone seeking insight into the operation of bankruptcy law and practice.

2.1 Commencement of the Case

2.1.1 Filing Mechanics and Eligibility Issues ...

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