Introduction

Bankruptcy is ,[a] system of jurisprudence, which, while statutory, is comparable to equity or admiralty. The law whereunder an insolvent debtor may bring all his assets not exempt from execution into court and have them administered and sold for the benefit of his creditors, and be discharged from all of his debts not excepted from discharge; or bring all of his assets into court, not for their liquidation and his discharge from his debts, but for his financial rehabilitation.Š Ballentine‰s Law Dictionary (3d ed. 1969). The different types of bankruptcy in the United States are generally referred to by the chapter in which they are classified in the Bankruptcy Code, e.g., ,Chapter 7 bankruptcy.Š

The scope of this research guide

This research guide is intended as a starting point for research in U.S. bankruptcy law. The guide includes both primary and secondary sources, in both print and electronic formats. Since bankruptcy law in the United States is a specific responsibility of the Congress and the federal government, this guide concerns itself with federal law only, and does not address state debtor-creditor laws. Members of the Georgetown University community may seek additional assistance at the reference desk or online.

Getting Started: Background Information

• History of Bankruptcy Law

• William Miller Collier, Collier on Bankruptcy (15th ed., rev.), KF1524 .C6 1996
  This multi-volume set is considered "a classic treatise on the law of bankruptcy which has been published continuously by the Matthew Bender Company since the passage of the Bankruptcy Act of 1898." Also included are commercial and consumer forms, a listing of State Exemptions, and Bankruptcy Rules. Updated monthly.

• 2005 Bankruptcy Legislation

• Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 : Law and Explanation, KF1511.597 .W55 2005
  Provides full text and analysis of all aspects of the 2005 overhaul of U.S. bankruptcy law. Includes some legislative history materials.
• • Also available electronically .
    

• Lexis Litigation Spotlight: 2005 Bankruptcy Legislation
  Provides general and legal news about the 2005 legislation, links to important documents, and information on key players.
  

Primary Sources

A. Case Law

Bankruptcy cases in the United States are initiated and tried in the U.S. bankruptcy courts, which are actually part of each federal district court. Cases may then be appealed to the relevant district court, circuit court, and to the U.S. Supreme Court.

• Print Sources
• • West's Bankruptcy Reporter, KF1515.A2 W47
    "Bankruptcy cases decided in United States bankruptcy courts, United States district courts, United States courts of appeals, Supreme Court of the United States."
    
    
• Electronic Sources
• • Westlaw: FBKR-CS
    "All available bankruptcy cases and includes U.S. Supreme Court cases. Coverage begins with 1789."
  • Lexis: Legal > Area of Law - By Topic > Bankruptcy > Find Cases > US Supreme Court, USAPP, DIST and Bankruptcy Courts Cases
    " Bankruptcy decisions from the U.S. Supreme Court, Courts of Appeals, District and Federal Claims Courts, and Bankruptcy Courts."

B. Statutes & Rules

As noted above, bankruptcy law in the United States is federal law. It is also primarily statutory law, governed by Title 11 of the U.S. Code. In addition to the three print versions of the U.S. Code (the official version, as well as USCA and USCS), it can be accessed separately, as the Bankruptcy Code, both online and in print.

• Print Versions
• • Bankruptcy Code, Rules & Official Forms, KF1510.99 .B38
  • The Portable Bankruptcy Code & Rules, KF1511.5968 .A2

• Electronic Sources
• • Westlaw: FBKR-USCA
    "Documents from the United States Code Annotated that relate to federal bankruptcy laws and matters subject to bankruptcy jurisdiction, including rules of procedure for federal courts."
  • Lexis: Legal> Area of Law - By Topic> Bankruptcy> Find Statutes, Court Rules and Regulations> USCS - Bankruptcy - Titles 11, 18, 28

Cases in front of the U.S. Bankruptcy Courts are governed procedurally by the Federal Rules of Bankruptcy Procedure, rather than the Federal Rules of Civil Procedure. The Bankruptcy Rules are promulgated by the U.S. Supreme Court, pursuant to authority granted to the Court by Congress (28 U.S.C. §2075).

• Print Sources
  • Bankruptcy Code, Rules & Official Forms, KF1510.99 .B38
  • The Portable Bankruptcy Code & Rules, KF1511.5968 .A2
    
    
• Electronic Sources
  • Westlaw: BKRPROCMAN
    " An easy-to-use, quick reference guide covering Federal Rules of Bankruptcy Procedure ."
  • Lexis: Legal > Area of Law - By Topic > Bankruptcy > Find Statutes, Court Rules and Regulations > USCS - Bankruptcy Rules and Official Bankruptcy Forms
  • Legal Information Institute (Cornell Law School)

C. Regulations

Administrative regulations related to bankruptcy are published in the Federal Register and Code of Federal Regulations, like the regulations of other federal agencies. For help in using these titles, please see our Administrative Law Research Guide.

• Electronic Sources
• • Westlaw: FBKR-CFR (Code of Federal Regulations)
  • Westlaw: FBKR-FR (Federal Register)
  • Lexis: Legal > Area of Law - By Topic > Bankruptcy > Find Statutes, Court Rules and Regulations > CFR and Federal Register

Secondary Sources

A. Treatises

It is often helpful to begin research with a treatise that provides an overview of a particular area of law. Many of these treatises are also excellent sources of references to case law and statutes.

• David G. Epstein, Bankruptcy and Related Law in a Nutshell (7th ed., 2005), KF1501.Z9 E67 2005
  This nutshell begins with state and federal laws other than the Bankruptcy Code, and begins at the point when a debtor-creditor relationship breaks down and coverage begins . The second part of the book addresses federal bankruptcy law.
  
  
• William Miller Collier, Collier on Bankruptcy (15th ed., rev.), KF1524 .C6 1996
  This multi-volume set is considered "a classic treatise on the law of bankruptcy which has been published continuously by the Matthew Bender Company since the passage of the Bankruptcy Act of 1898." Also included are commercial and consumer forms, a listing of State Exemptions, and Bankruptcy Rules. Updated monthly.

• William L. Norton, Jr., Norton Bankruptcy Law and Practice 3rd. (1993), KF1524 .N67 1993
  This multi-volume treatise is organized in three parts - Part One is devoted to introductory and historical aspects of bankruptcy law and practice. Part Two analyzes particular sections of the Bankruptcy Code, largely organized by Bankruptcy Code section. Part Three discusses bankruptcy related subjects that may not correlate to a specific Bankruptcy Code section. Vols. 10 & 11 contain a comprehensive collection of bankruptcy pleading and practice forms. A complete legislative history of bankruptcy legislation is also included. Updated quarterly with revised chapters and cumulative supplements.
• • Also available on Westlaw .

B. Academic Journals

There are several academic law journals devoted to bankruptcy law and related areas. The following is a list of the most frequently cited journals.

• The American Bankruptcy Institute Law Review, K1 .M169.
  Semiannual; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.
• • Available electronically :
  • • HeinOnline
    • Lexis/Nexis

• The American Bankruptcy Institute Journal, K1 .M17.
  Quarterly; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.
  • Available electronically :
    • HeinOnline
    • ProQuest
    • WilsonWeb
      
      
• The American Bankruptcy Law Journal, K1 .M17.
  Quarterly; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.
• • Available electronically :
  • • HeinOnline
    • ProQuest
    • Lexis/Nexis
      
      
• Emory Bankruptcy Developments Journal, K5 .M58.
  Semiannual; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.
• • Available electronically :
  • • ProQuest

• Review of Banking and Financial Law, K1 .N64.
  Annual
  • Available electronically :
    • HeinOnline
    • Lexis/Nexis
      
      
• Rutgers Business Law Journal
  Semiannual
  • Available electronically :
    • HeinOnline
    • Lexis/Nexis
      
      
• Yale Journal On Regulation, K29 .A34.
  Semiannual; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.
• • Available electronically :
  • • HeinOnline
    • ProQuest
    • Lexis/Nexis

C. Looseleaf Services & Digests

Looseleaf services are a popular type of legal source which brings together a variety of types of information concerning a particular topic or area of law. For information on using looseleaf services, please see our Looseleaf Services Research Guide. Digests can be helpful in finding cases on a particular legal issue or topic. For information on how to use digests generally, please see our Digest Research Guide.

• Looseleaf Print Sources
• • Bankruptcy Court Decisions, CRR Pub. Co. KF1519 .B34
  • Bankruptcy Law Reporter (CCH), KF1521 .B35 1979
  • Bankruptcy Service (Lawyers Co-op), KF1520 .B26 1979
  • BNA's Bankruptcy Law Reporter, KF1520 .B63
  • Collier Bankruptcy Cases (Matthew Bender), KF 1515 .A2 C6
  • Norton Bankruptcy Law and Practice (Thomson/West), KF1524 .N67 2008
    
    
• Looseleaf Electronic Sources
• • Bankruptcy Law Daily (BNA)
    Provides notification of breaking developments in state and federal bankruptcy law. Coverage: 1990-present.
  • Bankruptcy Law Reporter (BNA)
    [33]Provides in-depth coverage of issues in state and federal bankruptcy law, including filings, motions, and decisions, new and proposed legislation, and revisions to bankruptcy rules and forms. Coverage: 1998-present.
  • CCH Bankruptcy Law Reporter
    Accessed via CCH Business and Finance Network.
  • Westlaw: WTH-BKR
    The bankruptcy topical highlights source collects documents prepared by the West editorial staff that summarize recent developments in bankruptcy law.
  • Lexis: Legal > Area of Law - By Topic > Bankruptcy > Emerging Issues > Bankruptcy Emerging Issues
    A collection of articles which examine a wide range of recent cases, regulations, trends, and developments.

• Digest Electronic Sources
  • Westlaw: BKRSERVICE
    This service provides digests or summaries of bankruptcy cases, which are organized by sections of the bankruptcy code and rules.
  • Lexis: Legal > Area of Law - By Topic > Bankruptcy > Find Cases > Collier Bankruptcy Case Update
    Provides summaries of bankruptcy cases, organized by code or rule section and listed by federal circuit court. 2006 forward only.

D. News and Current Awareness

• Blogs
• • BankruptcyProf Blog
    Written by a professor who specializes in bankruptcy and business law, this frequently-updated blog covers bankruptcy from an academic perspective.
    
    
  • Bankruptcy Law Network
    A blog that includes basic information, a glossary, and articles written by a diverse group of attorneys and consumer advocates
    
    
  • Huffington Post: Bankruptcy
    News, current events, and opinion columns
    
    
• News outlets
• • WSJ Bankruptcy Beat
    "An inside look at companies in trouble from Daily Bankruptcy Review"
    
    
  • New York Times Topics: Bankruptcy
    News, commentary, and archival articles published by The New York Times
    
    
  • Google News: Bankruptcy
    A compendium of news from a geographically and ideologically diverse variety of sources

Other Resources

Professional Associations, Organizations, and Institutes

• American Bankruptcy Institute
• ABA Business Bankruptcy Committee
• National Association of Bankruptcy Trustees
• National Association of Consumer Bankruptcy Attorneys

Government entities

• U.S. Bankruptcy Courts
• U.S. Bankruptcy Trustee Program

Further Research Tools

GULLiver subject headings:

To find additional sources on bankruptcy law in the Georgetown Law Library, search GULLiver by subject using the following select, alphabetical list of subject headings. You may need to add a geographic location to certain headings; for example "Bankruptcy -- United States" or "Priorities of Claims and Liens-- United States ". To find additional subject headings, view the record for a relevant book and click "Find similar items" or "Full Record".

• Assignments for benefit of creditors
• Automatic stays in bankruptcy
• Bank failures Law and legislation
• Bankruptcy
• Business failures Law and legislation
• Composition (Law)
• Creditors‰ bills
• Fraudulent conveyances
• Municipal bankruptcy
• Priorities of claims and liens
• Receivers
• Receivership
• State Bankruptcy

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• Administrative Law
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• Commercial Law
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• Small Business Law

Last updated 3/4/11