Is the petition date the same as my court hearing date?

No. The petition date is the day the petition was filed with the bankruptcy court and, in a voluntary case, is the day the case commenced (11 U.S.C. § 301). Hearings and the meeting of creditors are scheduled afterward. Your court notice will normally show the filing date separately from any scheduled dates.

What if I filed two or more cases in the past year?

Section 362(c)(4) addresses a case filed by or against an individual debtor under title 11 where 2 or more single or joint cases of that debtor were pending within the previous year and were dismissed, subject to the same exception for a case refiled under a chapter other than chapter 7 after dismissal under § 707(b). There, no stay goes into effect on filing, and under § 362(c)(4)(B) a party in interest may request that the stay be imposed within 30 days of filing.

Does money I earn after I file belong to the estate?

It depends on the chapter. In a Chapter 7 case, § 541(a)(6) excludes earnings from services an individual debtor performs after commencement. In a Chapter 13 case, 11 U.S.C. § 1306(a) includes postpetition earnings in the estate until the case is closed, dismissed, or converted. Chapter 11 has a similar rule for individual debtors under § 1115(a).

Glossary

Petition Date

The petition date is the day a bankruptcy petition is filed with the bankruptcy court. A voluntary case is commenced by that filing, and the filing itself constitutes the order for relief (11 U.S.C. § 301). The date fixes what the estate holds, generally triggers the automatic stay, and sets the line between prepetition and postpetition debts.

Key points

A voluntary case is commenced by filing a petition with the bankruptcy court, and that filing is itself the order for relief (11 U.S.C. § 301).
The estate is created at commencement and includes the debtor's legal and equitable interests in property as of that moment (11 U.S.C. § 541(a)).
Filing generally operates as an automatic stay, but 11 U.S.C. § 362(b) excepts certain acts and § 362(c)(4) can mean no stay goes into effect.
In a Chapter 13 case, the estate also includes property and earnings acquired after commencement (11 U.S.C. § 1306(a)).
Exemption amounts vary by state, so check your state page rather than assuming a national figure.

You may have seen "petition date" on a court notice, a proof of claim, or a letter from a trustee. It is not jargon for something complicated: it is simply the day the case started. Almost every other date and dollar figure in a bankruptcy case is measured from it.

What does "petition date" mean?

The petition date is the day the petition is filed with the bankruptcy court. Under 11 U.S.C. § 301(a), a voluntary case is commenced by that filing, and § 301(b) provides that commencement constitutes the order for relief. Nothing else has to happen first: no hearing, no judge's signature.

A joint case filed by an individual and that individual's spouse is commenced the same way, by a single petition under 11 U.S.C. § 302(a). An involuntary case, filed by creditors under 11 U.S.C. § 303(b), works differently — the order for relief is not entered on filing.

Courts sometimes call the same moment the "filing date" or "commencement of the case." On a notice you receive, all three usually point to one day.

Why does the petition date matter?

It draws the line the rest of the case is measured against.

The estate is created at commencement and includes the debtor's legal and equitable interests in property as of that moment (11 U.S.C. § 541(a)(1)). It also reaches certain interests acquired within 180 days after that date by inheritance, a divorce-related property settlement, or as a life insurance beneficiary (§ 541(a)(5)).

Filing generally operates as an automatic stay of collection acts (11 U.S.C. § 362(a)) — generally, because § 362(b) excepts a list of acts entirely and § 362(c)(4) can mean no stay takes effect at all.

When a claim is disputed, the court determines its amount as of the date the petition was filed (11 U.S.C. § 502(b)). And property the estate or debtor acquires after commencement is generally not subject to a lien from a prepetition security agreement (11 U.S.C. § 552(a)).

How does the before-and-after line actually work?

In a Chapter 7 case, the estate is generally fixed at commencement, and § 541(a)(6) excludes earnings from services an individual debtor performs after that point.

Chapter 13 is different, and this is where people are most often surprised. Under 11 U.S.C. § 1306(a), property of the estate also includes property and earnings from services performed by the debtor after commencement, until the case is closed, dismissed, or converted. Chapter 11 has a comparable provision for individual debtors (11 U.S.C. § 1115(a)).

Debts arising after the filing are not simply outside the case in Chapter 13 either. Section 1305(a) allows a proof of claim for certain postpetition taxes and for consumer debts arising after the order for relief that are for property or services necessary for the debtor's performance under the plan.

What do people get wrong about the petition date?

Three things come up repeatedly.

First, that a stay always arises on filing. It generally does, but § 362(b) excepts certain acts, and where the repeat-filing conditions are met no stay goes into effect.

Second, the repeat-filing rules themselves. Section 362(c)(3) addresses a case of an individual filed under chapter 7, 11 or 13 where a single or joint case of that debtor was pending within the preceding 1-year period and was dismissed — with an exception for a case refiled under a chapter other than chapter 7 after dismissal under § 707(b). There, the stay terminates with respect to the debtor on the 30th day, and under § 362(c)(3)(B) a party in interest may move to extend it, with the hearing completed before that period expires.

Third, exemptions. Amounts differ by state, and § 522(d) is a separate federal list. See your state page.

Frequently asked questions

Is the petition date the same as my court hearing date?: No. The petition date is the day the petition was filed with the bankruptcy court and, in a voluntary case, is the day the case commenced (11 U.S.C. § 301). Hearings and the meeting of creditors are scheduled afterward. Your court notice will normally show the filing date separately from any scheduled dates.
What if I filed two or more cases in the past year?: Section 362(c)(4) addresses a case filed by or against an individual debtor under title 11 where 2 or more single or joint cases of that debtor were pending within the previous year and were dismissed, subject to the same exception for a case refiled under a chapter other than chapter 7 after dismissal under § 707(b). There, no stay goes into effect on filing, and under § 362(c)(4)(B) a party in interest may request that the stay be imposed within 30 days of filing.
Does money I earn after I file belong to the estate?: It depends on the chapter. In a Chapter 7 case, § 541(a)(6) excludes earnings from services an individual debtor performs after commencement. In a Chapter 13 case, 11 U.S.C. § 1306(a) includes postpetition earnings in the estate until the case is closed, dismissed, or converted. Chapter 11 has a similar rule for individual debtors under § 1115(a).

Sources

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 29, 2026 · Sources verified July 29, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.