Law Library
Researching Bankruptcy Law
Bankruptcy law is federal (that is, not made by state legislatures). Therefore, bankruptcy proceedings are held in federal court. Each federal district court jurisdiction in the United States has a bankruptcy court.
United States Code
Bankruptcy statutes are in Title 11 of the United States Code (the Code), with related provisions in titles 18 and 28. This library has three versions of the Code: the United States Code (the official publication of the Code), the United States Code Annotated, and the United States Code Service (also annotated). The annotated versions are updated more frequently than the official Code and contain references to relevant cases, law review articles, and other legal research materials. The three versions of the Code are in rows 8 and 9 in the lower level of the library. Bankruptcy provisions of the Code are also compiled in stand-alone materials, which are located in reserves and the upper level of the law library (browse the KF1500’s section). The Code is also available for free on the Internet. Websites include:
• GPO Access
• FindLaw
• Legal Information Institute at Cornell University
In addition, the Law Library has the text of the most recent bankruptcy reform legislation:
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (with analysis), call number KF1527 .A31 R47 2005, located at Ready Reference.
Code of Federal Regulations
Bankruptcy regulations made by federal agencies are in Title 17, Part 190 of the Code of Federal Regulations (CFR). They can be found online at GPO Access or in print in row 9 of the lower level of the Law Library.
Federal Register
The Federal Register contains proposed regulations and final regulations that have yet to be added to the CFR. They are available at GPO Access and in hardcopy in row 9 of the Law Library.
Federal Rules of Bankruptcy Procedure
The purpose of the FRBP is to facilitate bankruptcy cases. The Rules are accompanied by Official Bankruptcy Forms. See the KF1500’s in the upper level of the library and in reserves for books containing the rules and forms.
Cases
Bankruptcy cases are printed in West’s Bankruptcy Reporter (KF1515 .A2 W47, upper level), federal reporters (rows 17 – 19 in the lower level), and regional reporters (beginning in row 23 in the lower level). Bankruptcy cases can be found by using digests (see the Law Library research guide “How to Use Digests to Find Cases”). Additionally, opinions can be found online for free at the Law Library on LexisNexis Academic, for a fee on LexisNexis and Westlaw, and for free through any Internet connection at FindLaw and LexisOne (both for the past five years). Recent bankruptcy court decisions are also available on the courts’ websites. Links to bankruptcy courts are available at FindLaw.
Secondary Sources
Treatises
- Collier on Bankruptcy, 15th ed., 15 volumes plus 8 index volumes, KF1520 .C65 1996,
general stacks (non-circulating). - Epstein, Bankruptcy and Related Law in a Nutshell, 6th ed., West, 2002. Located in law
reserves, KF1501 .Z9 .E67 2002. The 5th edition is in the general stacks.
Resources for Non-lawyers
- The American Bankruptcy Institute’s Consumer Education Center
- Elias, Renauer, and Leonard, How to File for Chapter 7 Bankruptcy, 12th ed., 2005, Nolo, KF1524.6 .E4 2005. Located in Ready Reference.
- Leonard, Chapter 13 Bankruptcy: Repay Your Debts, 7th ed., Nolo, 2005. KF1524.6 .L46 2005. Located in Ready Reference.
Journals
- American Bankruptcy Institute Law Review
- American Bankruptcy Law Journal
- Bankruptcy Developments Journal
- Consumer Bankruptcy News
- Journal of Bankruptcy, Law and Practice
Use Law Library databases (for example, LegalTrac, HeinOnline) to search for articles
Websites
Bankruptcy Courts of Georgia
Other Resources
American Bankruptcy Institute: A lot of court information is available on this website in addition to court opinions.
Administrative Office of U.S. Courts bankruptcy page
American Bankruptcy Institute: Includes legislative news, U.S. Supreme Court cases, and bankruptcy statistics.
This Research Guide was last updated November 2, 2005.
