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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 11 U.S.C. § 302 Joint cases us united_states_code code_section 11 BANKRUPTCY 3 CASE ADMINISTRATION 302 11 U.S.C. § 302 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip /us/usc/t11/s302 data/legal/raw/us/code/title-11/usc11.xml 8a0231f577bbe0b88a34000df8da43d4b86f5b528a1a36e81fd072b2a4919450 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 179cbe128d3388bc7f22261ef9d38a44849e82250ee0c8ddbc2f3aaec459b844 2026-07-04 official
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11 U.S.C. § 302 - Joint cases

Text

(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. 95598, Nov. 6, 1978, 92 Stat. 2558.)

Notes

Historical and Revision Notes

senate report no. 95989A 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.