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

Asked almost 2 years 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. 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. 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. 4

    Lawyers agree

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

Related Topics


Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

Chapter 7 bankruptcy

Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.

Stephen M. Dunne

What is Chapter 7 Bankruptcy?

Chapter 7 Bankruptcy wipes out ("discharges") your debts. Chapter 7 is the bankruptcy provision most frequently used by individuals. It involves the complete liquidation of a debtor's... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

33,744 answers this week

3,716 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,744 answers this week

3,716 attorneys answering