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Bankruptcy

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, as well as their online database versions.

  • Norton Quick Reference Bankruptcy Code  (KF1510 .99 .B357)
  • West Bankruptcy Code, Rules, and Forms (KF1510.99 .B38)
  • Bankruptcy Code (Collier Pamphlet Edition; KF1524 .B46), available online via Lexis and the Lexis Digital Library. 
  • Collier on Bankruptcy (KF1524 .C634), available online via Lexis and in ebook form in the Lexis Digital Library. 
  • Norton Bankruptcy Law and Practice, available online via Westlaw
  • An inexpensive print version is available from Legalpub.com 

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 Statutes

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 (see bills by policy area).

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 reviewing 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 or 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.
  • Hein Online US Federal Legislative History Library includes other compiled federal legislative histories published by Hein, and Sources of Compiled Legislative Histories for finding titles of other compiled legislative histories, including in law review articles. 
  • ProQuest Legislative Insight Compiled legislative histories with 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 2009 at MacMillan Law Library, Range 309. Available online via Westlaw with other legislative history databases.
  • Free sources for documents in the legislative history of bankruptcy and other federal statutes include Congress.gov and Govinfo.

Bankruptcy Rules

The Federal Rules of Bankruptcy Procedure are usually available with sources for the Bankruptcy Code. Most Bankruptcy Code volumes and sets include the rules.  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 the Title 11 Appendix; in the USCS, they are found in the Court Rules volumes.

You can find the Federal Rules 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 and official forms, with any pending and proposed rules amendments.

Historical and draft versions of the federal rules are available in Hein Online Judges and the Judiciary

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 court decisions can also be found in other bankruptcy–specific reporters and online with other federal cases.

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.  The Administrative Office of the Courts also has proposed and pending changes to forms. 

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

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

Bloomberg Law:  Find dockets for bankruptcy cases and request documents to use as examples for forms.  Bankruptcy Practical Guidance includes forms, and step-by-step guidance and examples of petitions, reorganization plans, and other bankruptcy documents. 

Lexis+:  Lexis Topics and Tasks for Bankruptcy has practice notes, templates, clauses, articles, and checklists on topics like commencing a bankruptcy proceeding, bankruptcy litigation, and prepackaged plans and workouts.

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