30 Oct Where Can I Find The Bankruptcy Law?
The current bankruptcy law is based on the Bankruptcy Code enacted by Congress in 1978. It is found in Title 11 of the U.S. Code, and is supplemented by the Federal Rules of Bankruptcy Procedure. In addition, each District has its own local rules which determine the procedures used in the bankruptcy courts in that District.
What has been called the “new bankruptcy law”, or BAPCPA, comes from the most recent amendments that Congress passed in 2005. Many observers believe that the next Congress will make several significant changes to the “Code”. Däna Wilkinson, for one, has been writing recently on these pages “Ten Things I’d Change About BAPCPA”.
Neither BAPCPA nor any changes made by the next Congress will change the basic structure of the Bankruptcy Code. The Code consists of several chapters, which are:
Ch 1 – general provisions (including section 101 – definitions)
Ch 3 – case administration
Ch 5 – creditors, debtors, claims, the estate
Ch 7 – liquidation
Ch 9 – municipal bankruptcy
Ch 11 – reorganization
Ch 12 – family farmer
Ch 13 – adjustment of debts for individuals with regular income
Chapters 1, 3 & 5 apply to all chapters, whereas Chapters 7, 11, 12, 13 only apply to that particular chapter.
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