Title 11: Ch. 3, Sub. 1, Section 301
(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.Explanation: This is the beginning of a bankruptcy action. Normally if you choose to file, you must submit a document (petition) at the bankruptcy court in your state. The court will likely be able to inform you of what documents you need. Note that depending on your status, such as individual, business, etc., you will file under a specific chapter. Therefore you must determine what your status is under the Code to determine what chapter to choose in filing.
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Title 11: Ch. 3, Sub. 1, Section 302
(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.
Explanation: If you are married, and you are filing with your spouse , it is the same as Section 301, but it is considered a joint case.
Title 11: Ch. 1, Section 107
(a) Except as provided in subsections (b) and (c) of this section and subject to section 112, a paper filed in a case under this title and the dockets of a bankruptcy court are public records and open to examination by an entity at reasonable times without charge.
(b) On request of a party in interest, the bankruptcy court shall, and on the bankruptcy court’s own motion, the bankruptcy court may— (1) protect an entity with respect to a trade secret or confidential research, development, or commercial information; or
(2) protect a person with respect to scandalous or defamatory matter contained in a paper filed in a case under this title.
(c)
(1) The bankruptcy court, for cause, may protect an individual, with respect to the following types of information to the extent the court finds that disclosure of such information would create undue risk of identity theft or other unlawful injury to the individual or the individual’s property:
(A) Any means of identification (as defined in section 1028(d) of title 18 contained in a paper filed, or to be filed, in a case under this title.
(B) Other information contained in a paper described in subparagraph (A).
(2) Upon ex parte application demonstrating cause, the court shall provide access to information protected pursuant to paragraph (1) to an entity acting pursuant to the police or regulatory power of a domestic governmental unit.
(3) The United States trustee, bankruptcy administrator, trustee, and any auditor serving under section 586(f) of title 28—
(A) shall have full access to all information contained in any paper filed or submitted in a case under this title; and
(B) shall not disclose information specifically protected by the court under this title.
Explanation: When you commence a bankruptcy action with a federal court, you must submit financial records to the court for determining your case. Realize that once submitted, these documents are considered "public record", which means anyone could go to the court and request your financial records. There are a couple of exceptions: First you have trade secret for businesses. Then there is also defamation.
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Title 11, Ch. 1, Section 103
(a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15.
(b) Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.
(c) Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockbroker.
(d) Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker.
(e) Scope of Application.— Subchapter V of chapter 7 of this title shall apply only in a case under such chapter concerning the liquidation of an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991.
(f) Except as provided in section 901 of this title, only chapters 1 and 9 of this title apply in a case under such chapter 9.
(g) Except as provided in section 901 of this title, subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter.
(h) Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad.
(i) Chapter 13 of this title applies only in a case under such chapter.
(j) Chapter 12 of this title applies only in a case under such chapter.
Explanation: Based on your status, different chapters of the Bankruptcy Code will apply to you.
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