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Bankruptcy Law Research Guide

Introduction

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.

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.
  • 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.
  • 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 (GULC students, faculty, and staff only).

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.
  • The American Bankruptcy Law Journal, K1 .M17.
    Quarterly; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.
  • Emory Bankruptcy Developments Journal, K5 .M58.
    Semiannual; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.
  • Yale Journal On Regulation, K29 .A34.
    Semiannual; indexed in Legal Resource Index/LegalTrac and Index to Legal Periodicals.

For more journal titles, search GULLiver for the following subject headings:

C. Looseleaf Services & Current Awareness

  • Print Sources

  • Electronic Sources

    • Bankruptcy Law Daily (BNA)
      Provides notification of breaking developments in state and federal bankruptcy law. Coverage: 1990-present.

    • Bankruptcy Law Reporter (BNA)
      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.

Primary Sources

A. 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.

  • 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

  • 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)

B. 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

C. Case Reporters

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."

D. Case Digests

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.

  • 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

Last updated 12/5/08 (TV)

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