Avoid Having Your Bankruptcy Petition Dismissed On Technical Grounds Under 11 U.S.C. § 301(a)
On September 29, 2009 the U.S. Bankruptcy Court for the Eastern District of Michigan (which has divisions in Detroit, Bay City, and Flint) issued a “Notice Regarding Dismissal of Case for Failure to File Petition Pursuant To 11 U.S.C. § 301 (a).” 11 U.S.C. § 301(a) states that 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.” The notice recently issued by the Eastern District of Michigan states: “Effective immediately, the Court will dismiss any electronically filed case in
which the petition is not filed as the lead event. Pursuant to 11 U.S.C. § 301(a), a voluntary case is commenced by the filing of a petition. If the voluntary petition is not associated with the initial entry, no case exists, therefore, the filing will be dismissed.”
Detroit bankruptcy lawyers must be aware of this notice as well as other local rules and practices in the Eastern District, while bankruptcy attorneys in other jurisdictions should review their local court rules for similar requirements. The Eastern District of Michigan’s recent notice emphasizes the procedural complexity of bankruptcy cases and the need for competent counsel.
