LibGuides: International Bankruptcy: Primary sources

Statutes

Title 11 of U.S Code
This part of the U.S. Code includes Bankruptcy Code.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, to amend title 11 of the United States Code, and for other purposes.
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The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is a legislative act that made several significant changes to the United States Bankruptcy Code. Referred to colloquially as the "New Bankruptcy Law", the Act of Congress attempts to, among other things, make it more difficult for some consumers to file bankruptcy under Chapter 7; some of these consumers may instead utilize Chapter 13. It was passed by the 109th United States Congress on April 14, 2005 and signed into law by President George W. Bush on April 20, 2005. Most provisions of the act apply to cases filed on or after October 17, 2005.

Rules

Federal Rules of Bankruptcy Procedure
Federal Rules of Bankruptcy Procedure governs process and procedure in United States Bankruptcy Courts.
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Pro se litigants are expected to follow the rules and procedures in federal courts and should be familiar with the Federal Rules of Bankruptcy Procedure.
Local Bankruptcy Rules
United States district courts and courts of appeals often prescribe local rules governing practice and procedure. Such rules must be consistent with both Acts of Congress and the Federal Rules of Practice and Procedure, and may only be prescribed after notice and an opportunity for public comment. A court's authority to prescribe local rules is governed by both statute and the Federal Rules of Practice and Procedure.
For example, in the Central District of Illinois, the Bankruptcy Court does not have its own local rules. The local rules of the District Court apply.

Case Law

Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court. Through the bankruptcy process, individuals or businesses that can no longer pay their creditors may either seek a court-supervised liquidation of their assets, or they may reorganize their financial affairs and work out a plan to pay their debts.

Chapter 15 cases
Chapter 15 Cases -- This is a database of all Chapter 15 cases filed in the U.S. since 2005. It is searchable by jurisdiction and by judge. Related cases are also listed. Where available, links to the PACER docket is provided.
International insolvency cases
New interface for LexisNexis. Lexis Advance contains primary Law for all U.S. jurisdiction plus secondary sources and analytical material. See also Westlaw Next, Lois Law and Bloomberg Law.
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This subscription is available by login and password and limited to College of Law students and Faculty.
International Insolvency
Westlaw contains primary Law for all U.S. jurisdiction plus secondary sources and analytical material. See also Lexis Advance, and Bloomberg Law.
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This subscription is available by login and password and limited to College of Law students and Faculty.