Order for relief

How it works

In a voluntary case, there is no separate order for a judge to sign. The start of the case counts as the order for relief. The same is true of a joint case filed by spouses. 1

An involuntary case is different. When creditors file the petition, the court orders relief only if the debtor does not contest the petition in time, or after a trial. 2

Many rules are tied to this date. For bankruptcy purposes, a creditor is someone with a claim against the debtor that arose at or before the order for relief, and a Chapter 7 discharge covers debts that arose before that date, subject to the exceptions to discharge. 3 4

Deadlines run from it too. A Chapter 13 debtor must start plan payments within 30 days after filing the plan or the case, whichever is earlier, unless the court orders otherwise. If a case is converted to another chapter, the conversion counts as an order for relief under the new chapter, but with limited exceptions the original date stays. 5 6

Credit reporting also counts from it. A bankruptcy can stay on a credit report for up to 10 years from the date the order was entered. The clerk mails the debtor and creditors notice of the order for relief. 7 8