LibGuides: Bankruptcy Law Research at NYLI: Bankruptcy Rules

Statutes

Title 11 of U.S Code
This part of the U.S. Code includes Bankruptcy Code.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, to amend title 11 of the United States Code, and for other purposes. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is a legislative act that made several significant changes to the United States Bankruptcy Code. Referred to colloquially as the "New Bankruptcy Law", the Act of Congress attempts to, among other things, make it more difficult for some consumers to file bankruptcy under Chapter 7; some of these consumers may instead utilize Chapter 13. It was passed by the 109th United States Congress on April 14, 2005 and signed into law by President George W. Bush on April 20, 2005. Most provisions of the act apply to cases filed on or after October 17, 2005.

Bankruptcy Code

Title 11 is divided into several chapters. For historical reasons, all but one of the chapters are odd-numbered—1, 3, 5, 7, 9, 11, 12, 13, and 15. Chapters 1, 3, and 5 are general provisions that are applicable in all bankruptcy proceedings, unless explicitly made inapplicable in a specific context. The remaining chapters each govern a different type of bankruptcy proceeding.

Statutes
Federal Bankruptcy Code – Title 11

Title 11 is currently subdivided into eight chapters. Find detail at the same Cornell site
Chapter 1. General Provisions, Definitions and Rules of Construction
Chapter 3. Case Administration
Chapter 5. Creditors, the Debtor, and the Estate
Chapter 7. Liquidation
Chapter 9. Adjustment of the Debts of Municipality
Chapter 11. Reorganization
Chapter 12. Adjustment of the Debts of a Family Farmer with Regular Annual Income
Chapter 13. Adjustment of the Debts of An Individual with Regular Income

Case Law

Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court. Through the bankruptcy process, individuals or businesses that can no longer pay their creditors may either seek a court-supervised liquidation of their assets, or they may reorganize their financial affairs and work out a plan to pay their debts.

International insolvency cases
New interface for LexisNexis. Lexis Advance contains primary Law for all U.S. jurisdiction plus secondary sources and analytical material. See also Westlaw Next, Lois Law and Bloomberg Law.

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International Insolvency
Westlaw contains primary Law for all U.S. jurisdiction plus secondary sources and analytical material. See also Lexis Advance, and Bloomberg Law.

Federal Rules

Federal Rules of Bankruptcy Procedure
Federal Rules of Bankruptcy Procedure govern process and procedure in United States Bankruptcy Courts

Local Rules

Local Bankruptcy Rules - Eastern District of New York
Local Bankruptcy Rules, Southern District of New York
United States district courts and courts of appeals often prescribe local rules governing practice and procedure. Such rules must be consistent with both Acts of Congress and the Federal Rules of Practice and Procedure, and may only be prescribed after notice and an opportunity for public comment. A court's authority to prescribe local rules is governed by both statute and the Federal Rules of Practice and Procedure.

Librarian

Brooke Raymond

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