Bankruptcy
Bankruptcy Resources
This guide includes links for the bankruptcy code, rules and forms, bankruptcy courts nationwide, bankruptcy sites including international bankruptcy and insolvency resources.
III.Selected Commentary on the New Legislation
V. International Bankruptcy (Insolvency) Law
I. Bankruptcy Websites
- Money & Debt - IllinoisLegalAid.org - Select "Bankruptcy" from the list for articles and other resources. Provided by Illinois Legal Aid Online.
- American Bankruptcy Institute (ABI) - Select Online Resources for bankruptcy statistics, legislative updates, and bankruptcy news including Bankruptcy Thursday, a news service with archives back to November 2001.
- Upsolve - Upsolve is a nonprofit organization that provides free online bankruptcy filing services.
- Web BRD: A Window on the World of Big-Case Bankruptcy - Conduct an empirical study of large, public company bankruptcy cases. Provided by Professor Lynn M. LoPucki,UCLA Law School.
- Cornell Legal Information Institute - Introduction to bankruptcy law with links to primary law and bankruptcy resources.
- Commercial Law League of America (CLLA) - CLLA is an organization of collections, creditors' rights and bankruptcy professionals. Select Resources for articles and papers about the new law. Search for a CLLA professional. Select Newswire for current Washington news
- HG.org - Links to national laws on bankruptcy, publications on the web, various bankruptcy associations, commentary and bankruptcy news.
II. Primary Law
A. Federal Statutory Law
The United States Bankruptcy Code is contained in Title 11 of the United State Code (U.S.C.). The Appendix to Title 11 contains the Federal Rules of Bankruptcy and Official Forms (see below under I.B.) Title 18, Chapter 9 contains statutes covering criminal penalties in bankruptcy. See the U.S. Code at the Cornell Information Institute.
New Federal Bankruptcy Legislation
- Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Public Law 109-8 (S. 256). Signed April 20, 2005.
- PDF version of report
B. Federal Regulations
- Code of Federal Regulations (CFR) - Links to Title 28, Part 58 concerning Bankruptcy Reform Acts of 1978 and 1994. Title 28, Part 58 from the Electronic Code of Federal Regulations (e-CFR) - most current.
- United States Trustee Program, U.S. Department of Justice - The United States Trustee Program, Department of Justice, protects the integrity of the nation's bankruptcy system. Find rules, decisions, guidelines, policy and administrative decisions regarding private trustees. The new bankruptcy law gives the Trustee Program additional responsibilities.
C. Judicial Sources
- United States Bankruptcy Court for the Northern District of Illinois - Includes links to forms, court information, megacases, and filing bankruptcy without a lawyer.
- Official Bankruptcy Forms - From the Administrative Office of the U.S. Courts.
- The Federal Judiciary, Administrative Office of the U.S. Courts - Bankruptcy and district courts locator
- FindLaw - Bankruptcy courts arranged by state.
- Rules of Court: Litigator's Internet Resource Guide, LLRX - An extensive collection of federal and federal local rules including bankruptcy.
III. Selected Commentary on the New Legislation
- Congressional Research Service (CRS) Report: The "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" S. 256, in the 109th Congress - Includes survey of selected provisions.
- Major Consumer Bankruptcy Effects of the 2005 Reform Legislation - Prepared by Eugene R. Wedoff, U.S. Bankruptcy Court, Northern District of Illinois, April 13, 2005.
- Bankruptcy Act Resources - Information on Chapter 7 fee waivers, interim guidance regarding tax information, means testing, notice of domestic support obligations and filing for bankruptcy without an attorney.
- 'Rash' and Ride-Through Redux: The Terms for Holding on to Cars, Homes and Other Collateral under the 2005 Bankruptcy Act - Addresses treatment of collateral in individuals' bankruptcies in chapters 7 and 13. By Jean Braucher, University of Arizona College of Law.
IV. Analysis and Reference
- Bankruptcy Basics, 3rd ed. (November 2011) - This publication from the Administrative Office of the United States Courts provides basic information to debtors, creditors and the general public on different aspects of the federal bankruptcy laws.(Applies only to cases filed ON or AFTER October 17, 2005.)
- Terminology (Bankruptcy) - From the bankruptcy court of the Western District of Wisconsin. Archived by the Internet Archive.
V. International Bankruptcy (Insolvency) Law
- International Insolvency Institute - Links to international insolvency resources including model laws and treaties. Select E-Library for a geographic arrangement with links to articles, legislation and court cases (varies by jurisdiction).
- Managing the Chapter 15 Cross-Border Insolvency Case: A Pocket Guide for Judges, Second Edition - A publication of the Federal Judicial Center, 2014. Supersedes the 2001 International Insolvency publication.
- Doing Business Law Library - A free online collection of business laws and regulations including bankruptcy and collateral laws. A World Bank Project.
- The Insolvency Service - Operating under a statutory framework, the Service provides information on the insolvency laws of England and Wales.
- UNCITRAL Model Law on Cross-Border Insolvency - Model law (1997) with legislative and practice guides.
PLEASE NOTE: The websites listed in this guide are for information only and are not endorsed or supported by the Cook County Law Library. Please independently verify the accuracy and currency of all information. Consult an attorney for legal advice.
Compiled by Jean Wenger
Revised June 2019 by David Sanborne