If I file my bankruptcy petition by mail, how is the filing date determined?

Asked over 1 year ago - Sacramento, CA

I know that the petition is supposed to be based on the debtor's situation on the date of filing, but if filing by mail the court will not receive it on that same day. So is the file date determined by postmark? Or the date your signed the forms? Or the actual date the court receives it? A difference of a few days could make a big difference in the balance of your bank account, etc.

Attorney answers (3)

  1. Brian Crozier Whitaker

    Contributor Level 17

    8

    Lawyers agree

    Answered . The filing date is the date of the order for relief, ie., the date the court enters it on the docket and gives it a case number.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . The filing date is the date the clerk's office processes the paperwork & issues a case number. Hope this perspective helps!

  3. Alan D. Walton

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . When the court issues the Automatic Stay - when it is received and processed by the court.

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