Bankruptcy Law - Research Guide
by Kris Albertus, Reference/CALR Librarian, St. Louis
Updated with resources re Bankruptcy Act of 2005!
Introduction | Statutes | Cases | Regs, Rules, Forms | Agencies |
Treatises | Law Reviews | Blogs and News | Related Sites and Resources
The law of bankruptcy provides debtors a means by which they may either discharge or restructure their debts. The law of bankruptcy is found in Title 11 of the United States Code. Bankruptcy is a federal matter, but the Bankruptcy Code defers to state law when the nature and scope of property rights are at issue. The bankruptcy process is overseen by the United States Bankruptcy Courts, which are part of the federal district court system.
According the U.S. Code there are six different types of bankruptcy, each addressed by a different chapter from Title 11: Chapter 7 (Liquidation) is available to consumers and businesses. Chapter 13 (Adjustment & Payment Plan) is only available to consumers. Chapters 7 and 13 are administered in court by trustees who are appointed by the U.S. Trustee's Office. For high income individuals and businesses that choose not to liquidate there is Chapter 11 (Reorganization). Municipalities may restructure debts under Chapter 9, if their state law allows. Finally, Chapter 12 is a specialized type of bankruptcy for family farms. Chapter 15 governs international bankruptcies. Other chapters in Title 11 address the procedural aspects of bankruptcy.
11 U.S.C. Chapters 1 - 15;
Direct links: LII, GPO,Westlaw: FBKR-USCA, Lexis: CODES;BKRTCY
See the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005!
See summaries of the act from the AO , the Congressional Research Service, the N.D. of Illinois, and the
American Bankruptcy Institute. See AO memo re effective dates.
Bankruptcy Code, Rules and Official Forms; KF 1511.596 .A2 (annual);
Located in St. Louis, Des Moines, Kansas City, Little Rock, Omaha, and St. Paul.
United States Code; KF61 .A2;
Located in all 8th Circuit Libraries.
Available online at House of Reps., LII, Findlaw, GPO, Westlaw: USC .
United States Code Annotated (USCA); KF 62.5 .W45;
Located in all 8th Circuit libraries. Available on Westlaw at USCA .
United States Code Service (USCS); KF62 .L38;
Located in St. Louis, Fargo, Kansas City, Little Rock, Minneapolis, Omaha, and St. Paul.
Available on Lexis at GENFED;USCS .
State Law- Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota. Check with your local librarian for print versions of your state code.
Westlaw:FBKR-BCT, Lexis: GENFED;BKRTCY
West’s Bankruptcy Reporter; KF 1515 .A2 W47;
Located in St. Louis, Little Rock, Kansas City, Des Moines, Omaha, Lincoln, Minneapolis, St. Paul, and Fargo.
Regulations: 28 CFR Pt. 58
Direct links: GPO, LII, Westlaw: CFR, Lexis: GENFED;CFR .
Code of Federal Regulations; KR 70 .A3;
Located in all 8th Circuit libraries.
Available online : GPOAccess, GPO’s eCFR, LII, Westlaw: CFR, Lexis: GENFED;CFR .
Federal Rules of Bankruptcy:11A U.S.C.
Direct Links: AO, LII, Westlaw: FBKR-RULES, Lexis: CODES;USRULE
Interim Rules - to apply from October 17, 2005, until final rules are promulgated and effection.
Bankruptcy Code, Rules and Official Forms; KF 1511.596 .A2 (annual); Located in St. Louis, Des Moines, Kansas City, Little Rock, Omaha, and St. Paul.
Forms - from the Administrative Office of the U.S. Courts
U.S. Bankruptcy Courts - from Administrative Office of the U.S. Courts; provides info on bankruptcy basics, fees, quarterly and annual statistics, and official forms.
Individual Court Sites (DCN) - by Circuit
U.S. Trustee’s Office - at the U.S. Department of Justice; responsible for overseeing the administration of bankruptcy cases.
National Bankruptcy Review Commission - now a defunct entity, but the commission’s web site, along with all of its archival materials, is available at the cyber cemetery of federal web sites at the University of North Texas Library.
National Archives and Records Administration - NARA maintains a web site that explains how to locate bankruptcy court archives from around the U.S. for cases that took place between 1940 and 1998.
Collier on Bankruptcy - 15th Edition; KF 1524 .C6 15th REV. Located in St. Louis, Des Moines, Omaha, Lincoln, Kansas City, Little Rock, Fargo, Minneapolis, and St. Paul. Available on Lexis as a Bender title at BKRTCY;COLBKR.
Norton Bankruptcy Law and Practice - 2d Edition; KF 1524 .N67. Located in St. Louis, Kansas City, Little Rock, and St. Paul. Available on Westlaw at NRTN-BLP and on Lexis at BKRTCY;NORTON .
Bankruptcy Deskbook.(Practicing Law Institute); Not held by the library. Available on Westlaw at PLIREF-BKRCY .
Bankruptcy Law and Practice - 7th Edition (Cowans); KF 1524 .C64. Located in St. Louis and Minneapolis.
Bankruptcy Law Manual - 5th edition; KF 1524 .W3873. Located in Des Moines and Omaha.
Books re Bankruptcy Act of 2005:
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: with analysis- KF1527 .B36 2005 - Held by Des Moines, Fargo, Kansas City, Little Rock, Minneapolis, Omaha, St. Louis, and St. Paul.
Bankuptcy Reform: Significant Implications for Financial Institutions - KF1512.5 .B36 2005 - Held by St. Louis.
American Bankruptcy Law Journal; K1 .M38; Located in St. Louis, Kansas City, Little Rock, Minneapolis, and Omaha. Available online on Hein, Westlaw: AMBKRLJ, and Lexis: BKRTCY;AMBLJ.
American Bankruptcy Institute Law Review; K1 .M378; Located in St. Louis, Fargo, and Omaha. Available on Westlaw at AMBKRILR and on Lexis at BKRTCY;ABILR .
Bankruptcy Developments Journal; K2 .A59; Located in St. Louis, Kansas City, Little Rock and St. Paul; Available online on Hein, Westlaw: EMORYBDJ, and Lexis: BKRTCY;BNKDEV .
Journal of Bankruptcy Law and Practice; K10 .0846; Located in Kansas City and St. Louis. Available on Westlaw at (JBKRLP) .
Blogs, News Resources, and Newsletters
Bankruptcy Blog from Eastern District of Missouri NEW!
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Blog from District of Utah. - NEW!
News about the Bankruptcy Act of 2005 - from Lexis; updated as news becomes available. - NEW!
Law and Entrepreneurship (Debtor/Creditor section) - Univ. Wisconsin blog that tracks all business related law developments.
Bankruptcy News (from Asset Protection blog) - news section of blog authored by Florida attorney.
Bankruptcy News of Note - from the National Association of Consumer Bankruptcy Attorneys.
Legislative News Update - also from the National Association of Consumer Bankruptcy Attorneys.
Business Bankruptcy Headlines - from Bankruptcydata.com
Findlaw Legal Professional - Business News
Bankruptcy Bulletin - monthly online newsletter from New York law firm; covers major national bankruptcy news.
AO’s Bankruptcy Basics - great overview!
Cornell’s Legal Information Institute - Bankruptcy Page
Findlaw for Legal Professionals - Bankruptcy Page
Nolo Publishing - Debtor & Bankruptcy Page
Bernstein’s Dictionary of Bankruptcy Terminology - from Pittsburgh-based law firm.
NADA Official Used Car Guide; HD 9710 .U5 N134 (Updated monthly); Located in St. Louis and Kansas City.
NADA Official Commercial Truck Guide; HD 9710.35 .A82 (Updated monthly); Located in St. Louis.