A certified copy of a petition, with schedules omitted, commencing a proceeding under the Bankruptcy Reform Act of 1978, P.L. 95-598, codified at 11 U.S.C. Section 101, et seq., or of the decree of adjudication in the proceeding, or of the order approving the bond of the trustee appointed in the proceeding may be filed and recorded in the office of the clerk of the superior court of any county in the same manner as deeds are filed and recorded. It shall be the duty of the clerk to docket and index, under the name of the bankrupt, and record the certified copies of the petition, decree, or order filed for record in the same manner as deeds. Clerks shall be entitled to the same fees for docketing, indexing, and recording the copies of such petitions, decrees, or orders as for docketing, indexing, and recording deeds.
(Ga. L. 1939, p. 242, § 1; Ga. L. 2002, p. 415, § 44.)
The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted "U.S.C. Section 101," for "U.S.C. 101" in the first sentence.
RESEARCH REFERENCES
Am. Jur. 2d.
- 9 Am. Jur. 2d, Bankruptcy, §§ 31,32, 105, 379, 1840.
C.J.S.- 8A C.J.S., Bankruptcy, §§ 2 et seq., 69, 291 et seq.
ALR.
- Allowance or rejection of claim in bankruptcy proceedings as res judicata in independent action or proceeding between the claimant and another creditor, 135 A.L.R. 695.
Distinction between "proceedings in bankruptcy" and "controversies arising in proceedings in bankruptcy" for purposes of interlocutory appeal, 5 A.L.R.3d 1130.