Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped

The U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the "upload" time of a bankruptcy filing — and not the time physically "stamped" on a bankruptcy petition — determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.

8 minute readSeptember 01, 2023 at 12:09 AM
By
Lawrence J. Kotler
& Drew S. McGehrin
Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped

"Mere minutes can be the difference between saving one's home … or losing that home to a foreclosure." With this statement, the U.S. Bankruptcy Court for the Southern District of

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