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Researching Bankruptcy Law
Scope:
This library research guide is intended to be a resource in bankruptcy research. It covers primary and secondary sources in print and electronic formats. There is information here for the self-represented litigant to the experienced bankruptcy attorney.
Primary Sources
Statutes
Rules
Regulations
Cases
Secondary Sources
Treatises
Additional Internet Sources
Primary Sources
Statutes in Print:
United States Code, Title 11, Bankruptcy
The official and annotated print versions of the U.S. Code are available in the law library in the Core Collection in Range 27. The code is by subject and organized into 50 Titles. It contains the general and permanent laws of the U.S. Title 11 contains the statutes on bankruptcy.
There are 2 primary sources in the law library for the U.S. Code They are:
United States Code Annotated (USCA): published by Thomson West; provides annotations of the statutes with cases and articles.
United States Code Service (USCS): published by LexisNexis; includes annotations to cases and articles.
Statutes Online:
U.S. Government Printing Office
The US Code is available online at GPOAccess. Information includes general information about the code, and tips on how to search it online. It also possible to browse the code by title . Users can also go directly to Title 11 of the U.S. Code which entails the Bankruptcy Code. Links to the chapters and sections are further provided.
US House of Representatives, Office of the Law Revision Counsel
US House of Representatives, Office of the Law Revision Counsel also provides online access to the U.S. Code. The website provides general information about the code, and also has parts of the code that can be downloaded. Users can search the code by keywords, title and section, chapter and part, as well as subchapter/subpart and rules and form. The site also provides general information about the code, and downloadable parts of the code .
Cornell University Law School, LII/Legal Information Institute
This webpage is within the LII's US Code Collection and provides access to Title 11 of the code. Further links are provided to access individual chapters of the bankruptcy section.
Findlaw
Findlaw webpage with links to individual chapters of Title 11 of the US Code, Bankruptcy provisions.
Rules
Federal Rules of Bankruptcy Procedure in Print:
Available in print in the Core Collection of the law library.
USCA: located in the law core collection, in volumes following the Title 11 bankruptcy volumes.
USCS: located in the law core collection. The bankruptcy rules are located within the Court Rules volumes towards the end of the set.
Federal Rules of Bankruptcy Procedure Online:
Federal Rules of Bankruptcy Procedure
Cornell University Law School, Legal Information Institute.
A link is provided to information about the Interim Rules and Official Forms for the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Local Rules of Court
US Court webpage provides links to local rules of court for the United States Bankruptcy Courts.
Provided alphabetically by state.
The U.S. Bankruptcy Court for the District of Arizona
This webpage provides the Arizona Bankruptcy local rules. Includes links to all rules together or links to individual rules. At the bottom of the page a limited number of sample forms are provided.
Regulations:
Regulations In Print:
Bankruptcy regulations are published in the Federal Register and the Code of Federal Regulations (CFR). The Federal Register is the official publication published daily including rules, proposed rules, notices of federal agencies and departments, executive orders and other executive documents. The Code of Federal Regulations is the permanent collection of federal regulations that have been published in the Federal Register by federal executive departments and agencies.
Both the Federal Register and the Code of Federal Regulations (CFR) are available in the law library and online. In the law library, the most current CFR and Federal Register are located on the Index table in front of the reference librarians' offices.
Older versions are available in the library in Government Documents. AE 2.108:R 24/ and on microfiche going back to 1936.
Regulations Online:
The Electronic Code of Federal Regulations (e-CFR)
Updated daily, this version includes information on the CFR and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Printing Office.
The Government Printing Office
The Code of Federal Regulations is available online at the Government Printing Office website GPOAccess.com. Users can search or browse the code back to 1996. There are links to related material including the Federal Register, National Archives and Records Administration (NARA) publications, and lists of sections affected.
Heinonline
Heinonline is available for law students and faculty. Other library visitors may access it from the computers inside the reading room on the first floor. Heinonline provides access to the Code of Federal Regulations from the most current edition back to the 1938 edition. It can be accessed by link from the "Recommended Databases" pull down menu on the law library homepage.
Cases:
Collier Bankruptcy Cases: Second Series
by Irwin Hall, Managing Editor; Roy Babitt [et al.], Consulting Editors
Law Core, KF1524 .C62 1979
West's Bankruptcy Reporter
Law Core, KF1510.A2 W47
West's Bankruptcy Digest
Law Core, KF1510.3 .W47
Secondary Sources
Treatises:
Collier on Bankruptcy
by Lawrence P. King, Editor-in-Chief
This is a leading treatise on bankruptcy
Law Core, KF1524 .C6 1996
The New Bankruptcy Code : Cases, Developments, and Practice Insights since BAPCPA
by Sally McDonald Henry
Law Treatises, KF1511.597 .H46 2007
The New Bankruptcy Code : The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
by Sally McDonald Henry, editor.
Law Treatises, KF1511.597 .H46 2005
The Portable Bankruptcy Code & Rules.
Law Treatises,KF1511.5968 .A2
Bankruptcy
by David G. Epstein, Steve H. Nickles & James J. White.
Law Treatises, Law Reserve, KF152 .E67 1993
Bankruptcy and Related Law in a Nutshell
by David G. Epstein.
Law Treatises, KF1501.Z9 .E67 2002
Principles of Bankruptcy Law
by David G. Epstein, Steve H. Nickles.
Law Study Skills Collection, KF1524.3 .E67 2007
Bankruptcy Law and Practice
by Daniel R. Cowans, Mark C. Ellenberg, Elizabeth Van Horn, Russell W. Savory & Daniel R.Cowans
Law Treatises, KF1524 .C64 1998
Bankruptcy and Debtor/Creditor : Examples and Explanations
by Brian A. Blum
Law Treatises, KF1524.3 .B58 1999
Law Reserve, KF1524.3 .B58 2006
Strategies for Creditors in Bankruptcy Proceedings
by Lynn M. LoPucki, Christopher R. Mirick
Law Treatises, KF1524 .L57 2003
Law Treatises, KF1524 .L57 2003, Suppl. 2003
Bankruptcy Law Manual
by Alan N. Resnick.
Law Treatises, KF1524 .W387 2002
Bankruptcy Practice for the General Practitioner
by W.H. Drake, Jr.
Law Treatises, KF1524 .D712
Consumer Bankruptcy Law and Practice : with CD-Rom
by Henry J. Sommer, John Rao, Editor and contributing author, Susan A. Schneider, contributing author for chapter 16.
Law Media KF1527 .S65 2004 CDROM
Law Treatises KF1527 .S65 2004
Law Treatises KF1527 .S65 2004 Suppl. 2005
Additional Internet Sources
United States Bankruptcy Court for the District of Arizona
This is the website for the United States Bankruptcy Court for the District of Arizona. The site includes online help, resources and filing instructions. Includes local rules, filing fees, orders, a link to PACER and forms and publications. It includes Judge's information, transcript order procedure, and court calendars. Replete with information and a useful source for any patron or researcher looking for information about the statutes, rules and filing procedures in the District of Arizona.
Website available in Spanish also through a link on homepage.
United States Bankruptcy Courts
This is the website for the United States Bankruptcy Courts. It includes general information and provides links to the 94 federal district courts which handle bankruptcy filings. The site has a "Bankruptcy Basics" section which explains the differences amongst the most common types of bankruptcy filings. There are online forms and links to pending changes to the bankruptcy forms and rules. Also includes videos on types of bankruptcy, limits of bankruptcy, filing for bankruptcy, creditors meeting, court hearings, discharge and legal assistance.
The Administrative Office of the U.S. Courts
The Administrative Office of the U.S. Courts keeps quarterly bankruptcy statistics. Online resources include comparisons between years, types of bankruptcies filed, and within various time periods.
United States Securities and Exchange Commission
Website for the United States Securities and Exchange Commission (SEC). Information on what happens when public companies file for bankruptcy. Explanation of why a company would choose chapter 11 and how it works.
United States Department of Justice, United States Trustee Program
Webpage for the United States Trustee Program of the United States Department of Justice. Provides links to trustee locations, bankruptcy reform information, and statistics. Includes general information about the US bankruptcy system and current developments in the area. Also provides information about credit counseling and debtor information .
Federal Trade Commission
This is the Federal Trade Commission consumer protection page which includes information for consumers on credit counseling and resources for debtor education. Includes links to the list of credit counseling agencies approved under 11 U.S.C. ยง 111.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)
This is the webpage for the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). There is a guide to the act which was enacted to combat abuse for the bankruptcy system.
United States Department of Labor, Employee Benefits Security Administration
This is a webpage provided by the US Department of Labor. It contains information about the effect on the benefits of an employee when their employer files for bankruptcy.
Internal Revenue Manual
This is the Internal Revenue Service's online access to the Internal Revenue Manual sections on bankruptcy. It provides information on the impact filing bankruptcy has on tax collection.
American Bankruptcy Institute (ABI)
This is the website for the American Bankruptcy Institute (ABI). The site provides useful information for the bankruptcy practitioner. Some information is only available to members of the institute. It also includes statistics and the latest news about bankruptcy. There are links to the latest bankruptcy legislation. Links to the bankruptcy rules and bankruptcy code are also provided.
Nolo's bankruptcy information
This is Nolo's bankruptcy information page. Nolo is a legal publisher known for providing legal information to consumers and small business. Includes free information about the basics of bankruptcy and articles about bankruptcy. It provides helpful information about what to file and which chapter to file under.
BNA Bankruptcy Law Reporter
Remote access is available for law faculty and students. For visitors in the library, the reporter is available on the computers inside the reading room. It provides current information and news about issues in bankruptcy.
BNA Bankruptcy Law Daily
Remote access is available for law faculty and students. For visitors in the library, the daily report is available on the computers inside the reading room. It provides daily information and news about issues in bankruptcy.
US Courts
The US Courts provides downloadable forms and the Bankruptcy Forms Manual. Also includes links to related material including the bankruptcy courts and basic information about bankruptcy. Also included are links to procedural forms.
The Bankruptcy Database Project
The Bankruptcy Database Project at Harvard reports bankruptcy data from public court records. The project counts filings under each chapter of the U.S. Bankruptcy Code, commercial and noncommercial filings, and filings by legal entities and by individuals.
By Amy Levine, updated 04/28/2009, friendly URL: http://www.law.asu.edu/?id=1779
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