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Bankruptcy  

Last Updated: Sep 5, 2017 URL: http://guide.library.law.emory.edu/bankruptcy Print Guide RSS Updates

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Bankruptcy Code

The Bankruptcy Code is Title 11 of the United States Code.  You can find it published annually in individual pamphlet editions.  It is also included in looseleaf sets on bankruptcy, including:

  • Bankruptcy Code and Rules (Norton Pamphlet Edition; KF1510 .99 .B357)
  • Bankruptcy Code (Collier Pamphlet Edition; KF1524 .C55), available online via Lexis
  • United States Bankruptcy Code: Free eLangdell ebook from CALI
  • Collier on Bankruptcy (KF1524 .C634), available online via Lexis
  • Norton Bankruptcy Law and Practice, available online via Westlaw
  • Available for purchase as ebooks for tablets from Westlaw and Lexis

The Bankruptcy Code is also available in Title 11 of any set of the U.S. Code, print or online, including the annotated versions on Westlaw and Lexis.

 

Bankruptcy Acts

The most recent major revision to the Bankruptcy Code was the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), P.L. 109-8, 119 Stat. 23, April 20, 2005.

You can find information on and status of bills that would amend the Bankruptcy Code on the ABI’s Legislative News page and on Congress.gov.

Previous bankruptcy acts, and other statutes related to bankruptcy, include:

  • Bankruptcy Act of 1898, 30 Stat. 544
  • Bankruptcy Reform Act of 1978, P.L. 95-598, 92 Stat. 2549
  • Bankruptcy Amendments and Federal Judgeship Act of 1984, P.L. 98-353, 98 Stat. 333
  • Bankruptcy Judges, U.S. Trustees, and Family Farmer Bankruptcy Act of 1986, P.L. 99-554, 100 Stat. 3088
  • Bankruptcy Reform Act of 1994, P.L. 103-394, 108 Stat. 4106
  • Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, 124 Stat. 1376
 

Legislative Histories

Bankruptcy research projects frequently involve citing the legislative history or congressional intent behind sections of the Bankruptcy Code.  Compiled legislative histories of bankruptcy statutes can be found in:

  • Hein Online History of Bankruptcy: Taxation & Economic Reform in America Part II: Compiled documents in the legislative history of bankruptcy and related acts, as pdf volumes. Sort the browse list of legislative histories by Public Law number of by Popular Name. Use the Cumulative Contents option with larger sets to display a contents list of the individual reports and documents. The database also includes CRS Reports related to bankruptcy, and select law review articles on bankruptcy legislation.
  • ProQuest Congressional: Compiled legislative histories with links to the full-text laws and documents. ProQuest histories include documents associated with related bills in previous congresses.
  • US Code Congressional and Administrative News: Print up to 2011 at MacMillan Law Library, Range 303. Available online via Westlaw with other legislative history resources.
  • Free sources for documents in the legislative history of bankruptcy statutes include Congress.gov and FDSys.
 

Bankruptcy Rules

The Federal Rules of Bankruptcy Procedure are usually available with sources for the Bankruptcy Code. Most Bankruptcy Code volumes include the rules in the same volume or in a separate volume.  The Collier and Norton bankruptcy treatises include text of the Bankruptcy Rules.  In the USC print set, the Federal Rules of Bankruptcy Procedure can be found in the Title 11 Appendix; in the USCA print set, the FRBP can be found  in Title 11 Appendix; in the USCS, they are found in the Court Rules volumes.

You can find the Federal Rules of Bankruptcy of Bankruptcy Procedure online in:

Local Court Rules for Bankruptcy Courts are usually available on the court’s website. Links to the federal courts are available on the Administrative Office of the Courts site; the Local Court Rules for the Bankruptcy Court, Northern District of Georgia are on the court’s website.

The Administrative Office of the U.S. Courts has the Federal Rules of Bankruptcy Procedure, and other federal rules, in their current form and with pending and proposed rules amendments.

Historical and draft versions of the federal rules are available in Hein Online Congress and the Courts.

Agency Rules and Federal Register notices are available from the U.S. Trustee Program.

 

Cases and Reporters

Opinions of the Federal Bankruptcy Courts are published in West’s Bankruptcy Reporter, along with appellate decisions concerning bankruptcy. Bankruptcy case decisions can also be found in other bankruptcy –specific reporters and online with other federal cases.

  • West’s Bankruptcy Reporter (KF1515 .A2 W47)
  • Collier Bankruptcy Cases (KF1515 .A2 C61)
  • Westlaw: bankruptcy cases with bankruptcy news and analysis. Westlaw provides pdf images of published cases in the West Bankruptcy Reporter and other federal reporters.
  • Lexis: Select Practice Areas & Topics>Bankruptcy.
  • CCH Intelliconnect: Browse titles under Bankruptcy to find the CCH Bankruptcy Law Reporter. 
 

Forms

The Administrative Office of the Courts has a page of Bankruptcy Forms, with official and procedural forms, and instructions. Local forms are usually available on court websites. There were substantial changes to the official forms in December 2015. 

Westlaw has a Bankruptcy Form Finder to find forms by publication or state. Lexis includes bankruptcy forms in Collier publications.

You can also use documents in actual cases as models for forms:

Bloomberg Law: Under the tab for Practice Centers, go to Bankruptcy, then Bankruptcy Filings. Find filings by chapter, including Chapter 7, Chapter 13, Chapter 9, Chapter 15, and Chapter 11, with a section for recent Chapter 11 filings. Filter by date, circuit, state, and court, as well as by keyword. Find dockets for bankruptcy cases and request documents to use as examples for forms. 

Lexis Advance: Browse sources, by practice area, bankruptcy, and find bankruptcy motions in pdf and bankruptcy pleadings in pdf. Narrow results by jurisdiction, court, and by search terms. 

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