VOLUME 1 (Sixteenth Edition)
Chapter 1 Overview of the Bankruptcy Code
Chapter 2 Bankruptcy Courts
Chapter 3 Jurisdiction and Powers of District Courts and Bankruptcy Courts
Chapter 4 Venue of Cases and Proceedings
Chapter 5 Appeals
Chapter 6 The United States Trustee System
Chapter 7 Bankruptcy Crimes
Chapter 8 Professional Responsibility
Chapter 9 Filing and Administrative Fees
Chapter 10 Suits Against Trustees and Debtors in Possession Without Leave of the Bankruptcy Court, and the Duty to Comply with State Law and to Pay Taxes
Chapter 11 Mediation in Bankruptcy
Chapters 12?19 Reserved
Chapter 20 History of United States Bankruptcy Legislation
VOLUME 2 (Sixteenth Edtion)
Chapter 1 GENERAL PROVISIONS
Chapter 101 Definitions
Chapter 102 Rules of Construction
Chapter 103 Applicability of
Chapters
Chapter 104 Adjustment of Dollar Amounts
Chapter 105 Power of Court
Chapter 106 Waiver of Sovereign Immunity
Chapter 107 Public Access to Papers
Chapter 108 Extension of Time
Chapter 109 Who May Be a Debtor
Chapter 110 Bankruptcy Petition Preparers
Chapter 111 Nonprofit Budget and Credit Counseling Agencies; Financial Management Instructional Courses
Chapter 112 Prohibition on Disclosure of Name of Minor Children
Chapter 3 CASE ADMINISTRATION
Subchapter I Commencement of a Case
Chapter 301 Voluntary Cases
Chapter 302 Joint Cases
Chapter 303 Involuntary Cases
Chapter 304 RESERVED
Chapter 305 Abstention
Chapter 306 Limited Appearance
Chapter 307 United States Trustee
Chapter 308 Debtor Reporting Requirements
VOLUME 3
Chapter 3 CASE ADMINISTRATION (continued)
Subchapter II Officers
Chapter 321 Eligibility to Serve as Trustee
Chapter 322 Qualification of Trustee
Chapter 323 Role and Capacity of Trustee
Chapter 324 Removal of Trustee or Examiner
Chapter 325 Effect of Vacancy
Chapter 326 Limitation on Compensation of Trustee
Chapter 327 Employment of Professional Persons
Chapter 328 Limitation on Compensation of Professional Persons
Chapter 329 Debtor's Transactions with Attorneys
Chapter 330 Compensation of Officers
Chapter 331 Interim Compensation
Chapter 332 Consumer Privacy Ombudsman
Chapter 333 Appointment of Patient Care Ombudsman
Subchapter III Administration
Chapter 341 Meetings of Creditors and Equity Security Holders
Chapter 342 Notice
Chapter 343 Examination of the Debtor
Chapter 344 Self-Incrimination; Immunity
Chapter 345 Money of Estates
Chapter 346 Special Provisions Related to the Treatment of State and Local Taxes
Chapter 347 Unclaimed Property
Chapter 348 Effect of Conversion
Chapter 349 Effect of Dismissal
Chapter 350 Closing and Reopening Cases
Chapter 351 Disposal of Patient Records
Subchapter IV Administrative Powers
Chapter 361 Adequate Protection
Chapter 362 Automatic Stay
Chapter 363 Use, Sale, or Lease of Property
Chapter 364 Obtaining Credit
Chapter 365 Executory Contracts and Unexpired Leases
Chapter 366 Utility Service
VOLUME 4
Chapter 5 CREDITORS, THE DEBTOR, AND THE ESTATE
Subchapter I Creditors and Claims
Chapter 501 Filing of Proof of Claims or Interests
Chapter 502 Allowance of Claims or Interests
Chapter 503 Allowance of Administrative Expenses
Chapter 504 Sharing of Compensation
Chapter 505 Determination of Tax Liability
Chapter 506 Determination of Secured Status
Chapter 507 Priorities
Chapter 508 Effect of Distribution Other Than under This Title
Chapter 509 Claims of Codebtors
Chapter 510 Subordination
Chapter 511 Rate of Interest on Tax Claims
Subchapter II Debtor's Duties and Benefits
Chapter 521 Debtor's Duties
Chapter 522 Exemptions
Chapter 523 Exceptions to Discharge
Chapter 524 Effect of Discharge
Chapter 525 Protection Against Discriminatory Treatment
Chapter 526 Restrictions on Debt Relief Agencies
Chapter 527 Disclosures
Chapter 528 Requirements for Debt Relief Agencies
VOLUME 5
Chapter 5 CREDITORS, THE DEBTOR, AND THE ESTATE (continued)
Subchapter III The Estate
Chapter 541 Property of the Estate
Chapter 542 Turnover of Property to the Estate
Chapter 543 Turnover of Property by a Custodian
Chapter 544 Trustee as Lien Creditor and as Successor to Certain Creditors and
Purchasers
Chapter 545 Statutory Liens
Chapter 546 Limitations on Avoiding Powers
Chapter 547 Preferences
Chapter 548 Fraudulent Transfers and Obligations
Chapter 549 Postpetition Transactions
Chapter 550 Liability of Transferee of Avoided Transfer
Chapter 551 Automatic Preservation of Avoided Transfer
Chapter 552 Postpetition Effect of Security Interest
Chapter 553 Setoff
Chapter 554 Abandonment of Property of the Estate
Chapter 555 Contractual Right to Liquidate, Terminate, or Accelerate a Securities Contract
Chapter 556 Contractual Right to Liquidate, Terminate, or Accelerate a Commodities Contract or Forward Contract
Chapter 557 Expedited Determination of Interests in, and Abandonment or Other
Disposition of Grain Assets
Chapter 558 Defenses of the Estate
Chapter 559 Contractual Right to Liquidate, Terminate, or Accelerate a Repurchase Agreement
Chapter 560 Contractual Right to Liquidate, Terminate, or Accelerate a Swap Agreement
Chapter 561 Contractual Right to Terminate, Liquidate, Accelerate, or Offset under a Master Netting Agreement and Across Contracts; Proceedings under
Chapter 15
Chapter 562 Timing of Damage Measurement in Connection with Swap Agreements, Securities Contracts, Forward Contracts, Commodity Contracts, Repurchase Agreements and Master Netting Agreements
VOLUME 6
Chapter 7 LIQUIDATION
Chapter 700 General Analysis of
Chapter 7
Subchapter I Officers and Administration
Chapter 701 Interim Trustee
Chapter 702 Election of Trustee
Chapter 703 Successor Trustee
Chapter 704 Duties of Trustee
Chapter 705 Creditors' Committee
Chapter 706 Conversion
Chapter 707 Dismissal of a Case or Conversion to a Case under
Chapter 11 or 13
Subchapter II Collection, Liquidation, and Distribution of the Estate
Chapter 721 Authorization to Operate Business
Chapter 722 Redemption
Chapter 723 Rights of Partnership Trustee Against General Partners
Chapter 724 Treatment of Certain Liens
Chapter 725 Disposition of Certain Property
Chapter 726 Distribution of Property of the Estate
Chapter 727 Discharge
Chapter 728 Special Tax Provisions
Subchapter III Stockbroker Liquidation
Chapter 740 Overview of Stockbroker Liquidation Provisions
Chapter 741 Definitions for This
Subchapter
Chapter 742 Effect of Section 362 of This Title in This
Subchapter
Chapter 743 Notice
Chapter 744 Executory Contracts
Chapter 745 Treatment of Accounts
Chapter 746 Extent of Customer Claims
Chapter 747 Subordination of Certain Customer Claims
Chapter 748 Reduction of Securities to Money
Chapter 749 Voidable Transfers
Chapter 750 Distribution of Securities
Chapter 751 Customer Name Securities
Chapter 752 Customer Property
Chapter 753 Stockbroker Liquidation and Forward Contract Merchants, Commodity Brokers, Stockbrokers, Financial Institutions, Financial Participants, Securities Clearing Agencies, Swap Participants, Repo Participants, and Master Netting Agreement Participants
Subchapter IV Commodity Broker Liquidation
Chapter 760 Overview of Commodity Broker Liquidation Provisions
Chapter 761 Definitions for This
Subchapter
Chapter 762 Notice to the Commission and Right To Be Heard
Chapter 763 Treatment of Accounts
Chapter 764 Voidable Transfers
Chapter 765 Customer Instructions
Chapter 766 Treatment of Customer Property
Chapter 767 Commodity Broker Liquidation and Forward Contract Merchants, Commodity Brokers, Stockbrokers, Financial Institutions, Financial Participants, Securities Clearing Agencies, Swap Participants, Repo Participants, and Master Netting Agreement Participants
Subchapter V Clearing Bank Liquidation
Chapter 780 Overview of Clearing Bank Liquidation Provisions
Chapter 781 Definitions
Chapter 782 Selection of Trustee
Chapter 783 Additional Powers of Trustee
Chapter 784 Right to Be Heard
Chapter 9 ADJUSTMENT OF DEBTS OF A MUNICIPALITY
Chapter 900 General Analysis of
Chapter 9
Subchapter I General Provisions
Chapter 901 Applicability of Other Sections of This Title
Chapter 902 Definitions for This
Chapter
Chapter 903 Reservation of State Power to Control Municipalities
Chapter 904 Limitations on Jurisdiction and Powers of Court
Subchapter II Administration
Chapter 921 Petition and Proceedings Relating to Petition
Chapter 922 Automatic Stay of Enforcement of Claims Against the Debtor
Chapter 923 Notice
Chapter 924 List of Creditors
Chapter 925 Effect of List of Claims
Chapter 926 Avoiding Powers
Chapter 927 Limitation on Recourse
Chapter 928 Postpetition Effect of Security Interest
Chapter 929 Municipal Leases
Chapter 930 Dismissal
Subchapter III The Plan
Chapter 941 Filing of Plan
Chapter 942 Modification of Plan
Chapter 943 Confirmation
Chapter 944 Effect of Confirmation
Chapter 945 Continuing Jurisdiction and Closing of the Case
Chapter 946 Effect of Exchange of Securities Before the Date of the Filing of
the Petition
VOLUME 7
Chapter 11 REORGANIZATION
Chapter 1100 General Analysis of
Chapter 11
Subchapter I Officers and Administration
Chapter 1101 Definitions for This
Chapter
Chapter 1102 Creditors' and Equity Security Holders' Committees
Chapter 1103 Powers and Duties of Committees
Chapter 1104 Appointment of Trustee or Examiner
Chapter 1105 Termination of Trustee's Appointment
Chapter 1106 Duties of Trustee and Examiner
Chapter 1107 Rights, Powers, and Duties of Debtor in Possession
Chapter 1108 Authorization to Operate Business
Chapter 1109 Right to Be Heard
Chapter 1110 Aircraft Equipment and Vessels
Chapter 1111 Claims and Interests
Chapter 1112 Conversion or Dismissal
Chapter 1113 Rejection of Collective Bargaining Agreements
Chapter 1114 Payment of Insurance Benefits to Retired Employees
Chapter 1115 Property of the Estate
Chapter 1116 Duties of Trustee or Debtor in Possession in Small Business Cases
Subchapter II The Plan
Chapter 1121 Who May File a Plan
Chapter 1122 Classification of Claims or Interests
Chapter 1123 Contents of Plan
Chapter 1124 Impairment of Claims or Interests
Chapter 1125 Postpetition Disclosure and Solicitation
Chapter 1126 Acceptance of Plan
Chapter 1127 Modification of Plan
Chapter 1128 Confirmation Hearing
Chapter 1129 Confirmation of Plan
VOLUME 8
Chapter 11 REORGANIZATION (continued)
Subchapter III Postconfirmation Matters
Chapter 1141 Effect of Confirmation
Chapter 1142 Implementation of Plan
Chapter 1143 Distribution
Chapter 1144 Revocation of an Order of Confirmation
Chapter 1145 Exemption From Securities Laws
Chapter 1146 Special Tax Provisions
Subchapter IV Railroad Reorganization
Chapter 1161 Inapplicability of Other Sections
Chapter 1162 Definition
Chapter 1163 Appointment of Trustee
Chapter 1164 Right to Be Heard
Chapter 1165 Protection of the Public Interest
Chapter 1166 Effect of Subtitle IV of Title 49 and of Federal, State, or Local
Regulations
Chapter 1167 Collective Bargaining Agreements
Chapter 1168 Rolling Stock Equipment
Chapter 1169 Effect of Rejection of Lease of Railroad Line
Chapter 1170 Abandonment of Railroad Line
Chapter 1171 Priority Claims
Chapter 1172 Contents of Plan
Chapter 1173 Confirmation of Plan
Chapter 1174 Liquidation
Chapter 12 ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME
Chapter 1200 General Analysis of
Chapter 12
Subchapter I Officers, Administration, and the Estate
Chapter 1201 Stay of Action Against Codebtor
Chapter 1202 Trustee
Chapter 1203 Rights and Powers of Debtor
Chapter 1204 Removal of Debtor as Debtor in Possession
Chapter 1205 Adequate Protection
Chapter 1206 Sales Free of Interests
Chapter 1207 Property of the Estate
Chapter 1208 Conversion or Dismissal
Subchapter II The Plan
Chapter 1221 Filing of Plan
Chapter 1222 Contents of Plan
Chapter 1223 Modification of Plan Before Confirmation
Chapter 1224 Confirmation Hearing
Chapter 1225 Confirmation of Plan
Chapter 1226 Payments
Chapter 1227 Effect of Confirmation
Chapter 1228 Discharge
Chapter 1229 Modification of Plan after Confirmation
Chapter 1230 Revocation of an Order of Confirmation
Chapter 1231 Special Tax Provisions
Chapter 13 ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR
INCOME
Chapter 1300 General Analysis of
Chapter 13
Subchapter I Officers, Administration, and the Estate
Chapter 1301 Stay of Action Against Codebtor
Chapter 1302 Trustee
Chapter 1303 Rights and Powers of Debtors
Chapter 1304 Debtor Engaged in Business
Chapter 1305 Filing and Allowance of Postpetition Claims
Chapter 1306 Property of the Estate
Chapter 1307 Conversion or Dismissal
Chapter 1308 Filing of Prepetition Tax Returns
Subchapter II The Plan
Chapter 1321 Filing of Plan
Chapter 1322 Contents of Plan
Chapter 1323 Modification of Plan Before Confirmation
Chapter 1324 Confirmation Hearing
Chapter 1325 Confirmation of Plan
Chapter 1326 Payments
Chapter 1327 Effect of Confirmation
Chapter 1328 Discharge
Chapter 1329 Modification of Plan after Confirmation
Chapter 1330 Revocation of an Order of Confirmation
Chapter 15 ANCILLARY AND OTHER CROSS-BORDER CASES
Chapter 1501 Purpose and Scope of Application
Subchapter 1 General Provisions
Chapter 1502 Definitions
Chapter 1503 International Obligations of the United States
Chapter 1504 Commencement of Ancillary Case
Chapter 1505 Authorization to Act in a Foreign Country
Chapter 1506 Public Policy Exception
Chapter 1507 Additional Assistance
Chapter 1508 Interpretation
Subchapter II Access of Foreign Representatices and Creditors to the CourtBI
Chapter 1509 Right of Direct Access
Chapter 1510 Limited Jurisdiction
Chapter 1511 Commencement of Case under Section 301 or 303
Chapter 1512 Participation of a Foreign Representative in a Case under This Title
Chapter 1513 Access of Foreign Creditors to a Case under This Title
Chapter 1514 Notification to Foreign Creditors Concerning a Case under This Title
Subchapter III Recognition of a Foreign Proceeding and Relief
Chapter 1515 Application for Recognition
Chapter 1516 Presumptions Concerning Recognition
Chapter 1517 Order Granting Recognition
Chapter 1518 Subsequent Information
Chapter 1519 Relief That May Be Granted upon Filing Petition for Recognition
Chapter 1520 Effects of Recognition of a Foreign Main Proceeding
Chapter 1521 Relief That May Be Granted upon Recognition
Chapter 1522 Protection of Creditors and Other Interested Persons
Chapter 1523 Actions to Avoid Acts Detrimental to Creditors
Chapter 1524 Intervention by a Foreign Representative
Subchapter IV Cooperation with Foreign Courts and Foreign Representatives
Chapter 1525 Cooperation and Direct Communication Between the Court and Foreign Courts or Foreign Representatives
Chapter 1526 Cooperation and Direct Communication Between the Trustee and Foreign Courts or Foreign Representatives
Chapter 1527 Forms of Cooperation
Subchapter V Concurrent Proceedings
Chapter 1528 Commencement of a Case under This Title after Recognition of a Foreign Main Proceeding
Chapter 1529 Coordination of a Case under This Title and a Foreign Proceeding
Chapter 1530 Coordination of More Than One Foreign Proceeding
Chapter 1531 Presumption of Insolvency Based on Recognition of a Foreign Main Proceeding
Chapter 1532 Rule of Payment in Concurrent Proceedings
VOLUME 9
BANKRUTPCY RULES
Chapter 1001 Scope of Rules and Forms; Short Title
Part I Commencement of Case; Proceedings Relating to Petition and Order for
Relief
Chapter 1002 Commencement of Case
Chapter 1003 Involuntary Petition
Chapter 1004 Involuntary Petition Against a Partnership
Chapter 1004.1 Petition for an Infant or Incompetent Person
Chapter 1005 Caption of Petition
Chapter 1006 Filing Fee
Chapter 1007 Lists, Schedules and Statements; Time Limits
Chapter 1008 Verification of Petitions and Accompanying Papers
Chapter 1009 Amendments of Voluntary Petitions, Lists, Schedules and
Statements
Chapter 1010 Service of Involuntary Petition and Summons; Petition
Commencing Ancillary Case
Chapter 1011 Responsive Pleading or Motion in Involuntary and Ancillary Cases
Chapter 1012 [Former Rule 1012 - Abrogated]
Chapter 1013 Hearing and Disposition of a Petition in an Involuntary Case
Chapter 1014 Dismissal and Change of Venue
Chapter 1015 Consolidation or Joint Administration of Cases Pending in Same
Court
Chapter 1016 Death or Incompetency of Debtor
Chapter 1017 Dismissal or Conversion of Case; Suspension
Chapter 1018 Contested Involuntary Petitions; Contested Petitions Commencing
Ancillary Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings
Chapter 1019 Conversion of a
Chapter 11 Reorganization Case,
Chapter 12 Family Farmer's Debt Adjustment Case, or
Chapter 13 Individual's Debt Adjustment Case to a
Chapter 7 Liquidation Case
Chapter 1020 Election to be Considered a Small Business in a
Chapter 11
Reorganization Case
Chapter 1021 Health Care Business Case
Part II Officers and Administration; Notices; Meetings; Examination; Elections; Attorneys and Accountants
Chapter 2001 Appointment of Interim Trustee Before Order for Relief in a
Chapter 7 Liquidation Case
Chapter 2002 Notices to Creditors, Equity Security Holders, United States, and
United States Trustee
Chapter 2003 Meeting of Creditors or Equity Security Holders
Chapter 2004 Examination
Chapter 2005 Apprehension and Removal of Debtor to Compel Attendance for
Examination
Chapter 2006 Solicitation and Voting of Proxies in
Chapter 7 Liquidation Cases
Chapter 2007 Review of Appointment of Creditors' Committee Organized Before
Commencement of the Case
Chapter 2007.1 Appointment of Trustee or Examiner in a
Chapter 11 Reorganization Case
Chapter 2007.2 Appointment of Patient Care Ombudsman in a Health Care Business Case
Chapter 2008 Notice to Trustee of Selection
Chapter 2009 Trustees for Estates When Joint Administration Ordered
Chapter 2010 Qualification by Trustee; Proceeding on Bond
Chapter 2011 Evidence of Debtor in Possession or Qualification of Trustee
Chapter 2012 Substitution of Trustee or Successor Trustee; Accounting
Chapter 2013 Public Record of Compensation Awarded to Trustees, Examiners,
and Professionals
Chapter 2014 Employment of Professional Persons
Chapter 2015 Duty to Keep Records, Make Reports, and Give Notice of Case
Chapter 2015.1 Patient Care Ombudsman
Chapter 2015.2 Transfer of Patient in Health Care Business Case
Chapter 2015.3 Reports of Financial Information on Entities in Which a
Chapter 11 Estate Holds a Controlling or Substantial Interest
Chapter 2016 Compensation for Services Rendered and Reimbursement of
Expenses
Chapter 2017 Examination of Debtor's Transactions with Debtor's Attorney
Chapter 2018 Intervention: Right to Be Heard
Chapter 2019 Representation of Creditors and Equity Security Holders in
Chapter 9 Municipality and
Chapter 11 Reorganization Cases
Chapter 2020 Review of Acts by United States Trustee
Part III Claims and Distribution to Creditors and Equity Interest Holders; Plans
Chapter 3001 Proof of Claim
Chapter 3002 Filing Proof of Claim or Interest
Chapter 3003 Filing Proof of Claim or Equity Security Interest in
Chapter 9 Municipality or
Chapter 11 Reorganization Cases
Chapter 3004 Filing of Claims by Debtor or Trustee
Chapter 3005 Filing of Claim, Acceptance or Rejection by Guarantor, Surety, Indorser or Other Codebtor
Chapter 3006 Withdrawal of Claim; Effect on Acceptance or Rejection of Plan
Chapter 3007 Objections to Claims
Chapter 3008 Reconsideration of Claims
Chapter 3009 Declaration and Payment of Dividends in a
Chapter 7 Liquidation Case
Chapter 3010 Small Dividends and Payments in
Chapter 7 Liquidation,
Chapter 12 Family Farmer's Debt Adjustment, and
Chapter 13 Individual's Debt Adjustment Cases.
Chapter 3011 Unclaimed Funds in
Chapter 7 Liquidation,
Chapter 12 Family Farmer's Debt Adjustment, and
Chapter 13 Individual's Debt Adjustment Cases
Chapter 3012 Valuation of Security
Chapter 3013 Classification of Claims and Interests
Chapter 3014 Election under § 1111(b) by Secured Creditor in
Chapter 9 Municipality or
Chapter 11 Reorganization Case
Chapter 3015 Filing, Objection to Confirmation, and Modification of a Plan in a
Chapter 12 Family Farmer's Debt Adjustment or a
Chapter 13 Individual's Debt Adjustment Case
Chapter 3016 Filing of Plan and Disclosure Statement in a
Chapter 9 Municipality or
Chapter 11 Reorganization Case
Chapter 3017 Court Consideration of Disclosure Statement in a
Chapter 9 Municipality or
Chapter 11 Reorganization Case
Chapter 3017.1 Court Consideration of Disclosure Statement in a Small Business Case
Chapter 3018 Acceptance or Rejection of Plan in a
Chapter 9 Municipality or a
Chapter 11 Reorganization Case
Chapter 3019 Modification of Accepted Plan Before Confirmation in a
Chapter 9 Municipality or
Chapter 11 Reorganization Case
Chapter 3020 Deposit; Confirmation of Plan in a
Chapter 9 Municipality or a
Chapter 11 Reorganization Case
Chapter 3021 Distribution under Plan
Chapter 3022 Final Decree in
Chapter 11 Reorganization Case
Part IV The Debtor; Duties and Benefits
Chapter 4001 Relief from Automatic Stay; Prohibiting or Conditioning the Use,
Sale or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements
Chapter 4002 Duties of Debtor
Chapter 4003 Exemptions
Chapter 4004 Grant or Denial of Discharge
Chapter 4005 Burden of Proof in Objecting to Discharge
Chapter 4006 Notice of No Discharge
Chapter 4007 Determination of Dischargeability of a Debt
Chapter 4008 Discharge and Reaffirmation Hearing
Part V Courts and Clerks
Chapter 5001 Courts and Clerk's Offices
Chapter 5002 Restrictions on Approval of Appointments
Chapter 5003 Records Kept by the Clerk
Chapter 5004 Disqualification
Chapter 5005 Filing and Transmittal of Papers
Chapter 5006 Certification of Copies of Papers
Chapter 5007 Record of Proceedings and Transcripts
Chapter 5008 Notice Regarding Presumption of Abuse in
Chapter 7 Cases of Individual Debtors
Chapter 5009 Closing
Chapter 7 Liquidation,
Chapter 12 Family Farmer's Debt
Adjustment, and
Chapter 13 Individual's Debt Adjustment Cases
Chapter 5010 Reopening Cases
Chapter 5011 Withdrawal and Abstention From Hearing a Proceeding
VOLUME 10
BANKRUPTCY RULES (continued)
Part VI Collection and Liquidation of the Estate
Chapter 6001 Burden of Proof as to Validity of Postpetition Transfer
Chapter 6002 Accounting by Prior Custodian of Property of the Estate
Chapter 6003 Interim and Final Relief Immediately Following the Commencement of the Case ? Applications for Employment; Motions for Use, Sale or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts
Chapter 6004 Use, Sale, or Lease of Property
Chapter 6005 Appraisers and Auctioneers
Chapter 6006 Assumption, Rejection and Assignment of Executory Contracts
Chapter 6007 Abandonment or Disposition of Property
Chapter 6008 Redemption of Property From Lien or Sale
Chapter 6009 Prosecution and Defense of Proceedings by Trustee or Debtor in
Possession
Chapter 6010 Proceeding to Avoid Indemnifying Lien or Transfer to Surety
Chapter 6011 Disposal of Patient Records in Health Care Business Case
Part VII Adversary Proceedings
Chapter 7000 Introduction
Chapter 7001 Scope of Rules of Part VII
Chapter 7002 References to Federal Rules of Civil Procedure
Chapter 7003 Commencement of Adversary Proceeding
Chapter 7004 Process; Service of Summons, Complaint
Chapter 7005 Service and Filing of Pleadings and Other Papers
Chapter 7007 Pleadings Allowed
Chapter 7007.1 Corporate Ownership Statement
Chapter 7008 General Rules of Pleading
Chapter 7009 Pleading Special Matters
Chapter 7010 Form of Pleadings
Chapter 7012 Defenses and Objections--When and How Presented--By Pleading
or Motion--Motion for Judgment on the Pleadings
Chapter 7013 Counterclaim and Cross-Claim
Chapter 7014 Third-Party Practice
Chapter 7015 Amended and Supplemental Pleadings
Chapter 7016 Pretrial Procedure; Formulating Issues
Chapter 7017 Parties Plaintiff and Defendant; Capacity
Chapter 7018 Joinder of Claims and Remedies
Chapter 7019 Joinder of Persons Needed for Just Determination
Chapter 7020 Permissive Joinder of Parties
Chapter 7021 Misjoinder and Non-Joinder of Parties
Chapter 7022 Interpleader
Chapter 7023 Class Proceedings
Chapter 7023.1 Derivative Proceedings by Shareholders
Chapter 7023.2 Adversary Proceedings Relating to Unincorporated Associations
Chapter 7024 Intervention
Chapter 7025 Substitution of Parties
Chapter 7026 General Provisions Governing Discovery
Chapter 7027 Depositions Before Adversary Proceeding or Pending Appeal
Chapter 7028 Persons Before Whom Depositions May Be Taken
Chapter 7029 Stipulations Regarding Discovery Procedure
Chapter 7030 Depositions upon Oral Examination
Chapter 7031 Deposition upon Written Questions
Chapter 7032 Use of Depositions in Adversary Proceedings
Chapter 7033 Interrogatories to Parties
Chapter 7034 Production of Documents and Things and Entry upon Land for Inspection
Chapter 7035 Physical and Mental Examination of Persons
Chapter 7036 Requests for Admission
Chapter 7037 Failure to Make Discovery: Sanctions
Chapter 7040 Assignment of Cases for Trial
Chapter 7041 Dismissal of Adversary Proceedings
Chapter 7042 Consolidation of Adversary Proceedings; Separate Trials
Chapter 7052 Findings by the Court
Chapter 7054 Judgments; Costs
Chapter 7055 Default
Chapter 7056 Summary Judgment
Chapter 7062 Stay of Proceedings to Enforce a Judgment
Chapter 7064 Seizure of Person or Property
Chapter 7065 Injunctions
Chapter 7067 Deposit in Court
Chapter 7068 Offer of Judgment
Chapter 7069 Execution
Chapter 7070 Judgment for Specific Acts; Vesting Title
Chapter 7071 Process in Behalf of and Against Persons Not Parties
Chapter 7087 Transfer of Adversary Proceeding
Part VIII Appeals to District Court or Bankruptcy Appellate Panel
Chapter 8001 Manner of Taking Appeal; Voluntary Dismissal
Chapter 8002 Time for Filing Notice of Appeal
Chapter 8003 Leave to Appeal
Chapter 8004 Service of the Notice of Appeal
Chapter 8005 Stay Pending Appeal
Chapter 8006 Record and Issues on Appeal
Chapter 8007 Completion and Transmission of the Record; Docketing of the Appeal
Chapter 8008 Filing and Service
Chapter 8009 Briefs and Appendix; Filing and Service
Chapter 8010 Form of Briefs; Lengths
Chapter 8011 Motions
Chapter 8012 Oral Argument
Chapter 8013 Disposition of Appeals; Weight Accorded to Bankruptcy Judge's Findings of Fact
Chapter 8014 Costs
Chapter 8015 Motion for Rehearing
Chapter 8016 Duties of Clerk of District Court and Bankruptcy Appellate Panel
Chapter 8017 Stay of Judgment of District Court or Bankruptcy Appellate Panel
Chapter 8018 Rules by Circuit Councils and District Courts; Procedure When There Is No Controlling Law
Chapter 8019 Suspension of Rules in Part VIII
Chapter 8020 Damages and Costs for Frivolous Appeal
Part IX General Provisions
Chapter 9001 General Definitions
Chapter 9002 Meanings of Words in the Federal Rules of Civil Procedure When
Applicable to Cases under the Code
Chapter 9003 Prohibition of Ex Parte Contacts
Chapter 9004 General Requirements of Form
Chapter 9005 Harmless Error
Chapter 9005.1 Constitutional Challenge to a Statute ? Notice, Certification and Intervention
Chapter 9006 Time
Chapter 9007 General Authority to Regulate Notices
Chapter 9008 Service or Notice by Publication
Chapter 9009 Forms
Chapter 9010 Representation and Appearances; Powers of Attorney
Chapter 9011 Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers
Chapter 9012 Oaths and Affirmations
Chapter 9013 Motions: Form and Service
Chapter 9014 Contested Matters
Chapter 9015 Jury Trials
Chapter 9016 Subpoena
Chapter 9017 Evidence
Chapter 9018 Secret, Confidential, Scandalous, or Defamatory Matter
Chapter 9019 Compromise and Arbitration
Chapter 9020 Contempt Proceedings
Chapter 9021 Entry of Judgment
Chapter 9022 Notice of Judgment or Order
Chapter 9023 New Trials; Amendment of Judgments
Chapter 9024 Relief from Judgment or Order
Chapter 9025 Security: Proceedings Against Sureties
Chapter 9026 Exceptions Unnecessary
Chapter 9027 Removal
Chapter 9028 Disability of a Judge
Chapter 9029 Local Bankruptcy Rules; Procedure When There Is No Controlling Law
Chapter 9030 Jurisdiction and Venue Unaffected
Chapter 9031 Masters Not Authorized
Chapter 9032 Effect of Amendment of Federal Rules of Civil Procedure
Chapter 9033 Review of Proposed Findings of Fact and Conclusions of Law in
Non-Core Proceedings
Chapter 9034 Transmittal of Pleadings, Motion Papers, Objections, and Other
Papers to the United States Trustee
Chapter 9035 Applicability of Rules in Judicial Districts in Alabama and North Carolina
Chapter 9036 Notice by Electronic Transmission
Chapter 9037 Privacy Protection for Filings Made with the Court
VOLUME 11
COMMERCIAL FORMS
Part 1 Abandoning Property of the Estate
Part 2 Establishing the Attorney-Client Relationship
Part 3 Disclosure of Attorney's Fees
Part 4 Modifying, Maintaining and Enforcing the Automatic Stay
Part 5 Filing and Responding to Claims and Interests
Part 6 Closing the Case: Continuing Jurisdiction
Part 7 Collective Bargaining Agreements
Part 8 Commencement of the Voluntary Case
Part 9 Committees in
Chapter 11 Cases
Part 10 Compensation
VOLUME 12
COMMERCIAL FORMS (continued)
Part 11 Conversions
Part 12 Employment of Professional Persons
Part 13 Executory Contracts and Unexpired Leases
Part 14 Fraudulent Transfers
Part 15 Involuntary Petitions
Part 16 Examination of the Debtor and Other Entities
Part 17 Municipalities
Part 18 Operation of Debtor's Business
Part 19 Plans: Disclosure Statements
VOLUME 12A
COMMERCIAL FORMS (continued)
Part 20 Plans: Drafting and Filing the Plan
Part 20A Sample Plans and Disclosure Statements
Part 21 Plans: Modification
Part 22 Plans: Obtaining Acceptance of Plans
Part 23 Plans: Obtaining Confirmation of Plans
Part 24 Preferential Transfers
Part 25 Trustees and Examiners
Part 26 Turnover
Part 27 Continuation of Utility Services
Part 28 Using, Selling or Leasing Property of the Estate
Part 29 Procedure
Part 30 Appointment of Ombudsman
VOLUME 13
CONSUMER FORMS
Part CS1 Abandoning Property of the Estate
Part CS2 Adversary Proceedings
Part CS3 Appeals
Part CS4 Establishing the Attorney-Client Relationship
Part CS5 Attorney's Fees
Part CS6 Modifying, Maintaining and Enforcing the Automatic Stay
Part CS7 Trustee's Avoiding Powers
Part CS8 Filing and Responding to Claims and Interests
Part CS9 Codebtor Stay
Part CS10 Commencement of the Case
Part CS11 Compensation
VOLUME 13A
CONSUMER FORMS (continued)
Part CS12 Conversions
Part CS13 Dischargeability of Debt
Part CS14 Discharge
Part CS15 Discrimination
Part CS16 Executory Contracts and Unexpired Leases
Part CS17 Exemptions and Lien Avoidance
Part CS18 Meeting of Creditors
Part CS19 Plans
Part CS20 Reaffirmation
Part CS21 Redemption
Part CS22 Reopening the Case
Part CS23 Trustees
Part CS24 Turnover
Part CS25 Utilities
Part CS26 Procedure
VOLUME 14
STATE EXEMPTIONS
Introduction
Alabama?Montana
VOLUME 14
STATE EXEMPTIONS (continued)
Nebraska?Wyoming
Exemption of Property Held as Tenants by the Entirety
Federal Non-Bankruptcy Code Exemptions
Research Guide to Legislative History of 11 U.S.C. § 522(b)
Case Highlights
VOLUME 15
TAX GUIDE
Chapter TX1 Policies and History
Chapter TX2 Federal Taxation of the Non-Corporate Bankruptcy Estate
Chapter TX3 Tax Reporting Requirements
Chapter TX4 Priority and Dischargeability of Tax Claims
Chapter TX5 Litigation with the IRS in Bankruptcy Court
Chapter TX6 Discharge of Indebtedness and I.R.C. Section 108 Relief
Chapter TX7 Tax Treatment of Creditors
Chapter TX8 Exchange of Corporate Stock for Debt
Chapter TX9 Debt for Debt Exchanges
Chapter TX10 Tax-Free Reorganization of Debtor Corporations
Chapter TX11 Preservation and Use of Net Operating Losses and Other Corporate
Tax Attributes
Chapter TX12 State and Local Tax Aspects of Bankruptcy
Chapter TX13 Financially Troubled Partnerships
Chapter TX14 Tax Consequences of Disputed Claims Reserves and Creditors' Trusts
Chapter TX15 Miscellaneous Tax Issues
Chapter TX16 Tax Disclosure in a Bankruptcy Disclosure Statement
Chapter TX17 Checklist: Tax Planning and Practice Strategies for Individuals
Chapter TX18 Tax Planning Checklist and Practice Strategies for Corporate
Chapter 11 Debtors
APPENDIX VOLUME A
Part 1 Bankruptcy Code
Part 2 Federal Rules of Bankruptcy Procedure & Official Forms
Part 3 Bankruptcy Act of 1898
Part 4 Bankruptcy Reform Act of 1978, Pub. L. No. 95-598, 92 Stat.
2549 (1978)
APPENDIX VOLUME B
Part 4 (cont.) Bankruptcy Reform Act of 1978, Pub. L. No. 95-598, 92 Stat.
2549 (1978)--Legislative History
APPENDIX VOLUME C
Part 4 (cont.) Bankruptcy Reform Act of 1978, Pub. L. No. 95-598, 92 Stat.
2549 (1978)--Legislative History
APPENDIX VOLUME D
Part 4 (cont.) Bankruptcy Reform Act of 1978, Pub. L. No. 95-598, 92 Stat.
2549 (1978)--Legislative History
APPENDIX VOLUME E
Part 5 Bankruptcy Tax Act of 1980, Pub. L. No. 96-589, 94 Stat. 3389
(1980)
Part 6 Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub.
L. No. 98-353, 98 Stat. 333 (1984)
Part 7 Bankruptcy Judges, United States Trustees, and Family Farmer
Bankruptcy Act of 1986, Pub. L. No. 99-554, 100 Stat. 3088
(1986)
Part 8 Retiree Benefits Bankruptcy Protection Act of 1988, Pub. L. No.
100-334, 102 Stat. 610 (1988)
Part 9 Bankruptcy Reform Act of 1994, Pub. L. No. 103-394, 108 Stat.
4106 (1994)
Parts 10 through 40 RESERVED
APPENDIX VOLUME F
Part 41 Miscellaneous Amendments to the Bankruptcy Code
Part 42 Related Statutes and Regulations
Part 43 Appropriations Acts
APPENDIX VOLUME G
Part 44 National Bankruptcy Review Commission Final Report
INDEX VOLUME
Treatise Index
Forms Index
Tax Index
Table of Cases
Table of Statutes
Table of Rules
Resnick, Alan N.
ALAN N. RESNICK is the Benjamin Weintraub Distinguished Professor of Bankruptcy Law at Hofstra University School of Law, in Hempstead, New York. Professor Resnick, who has taught for more than 25 years, is a nationally recognized authority on bankruptcy law.
Together with Henry J. Sommer, Professor Resnick serves as the Editor-in-Chief of Collier on Bankruptcy, 15th Edition Revised and the Collier product line.
Professor Resnick is also Of Counsel to the firm of Fried, Frank, Harris, Shriver & Jacobson LLP in New York City, where he regularly consults on bankruptcy, insolvency and restructuring matters.
Professor Resnick was appointed by Chief Justice William H. Rehnquist to serve as Reporter to the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States, a position he held from 1987 to 1999. He was a member of the Advisory Committee from 1999 to 2005. Professor Resnick also testified before congressional and National Bankruptcy Review Commission committees on various issues relating to bankruptcy legislation.
Professor Resnick's writings have been cited in more than 150 judicial opinions, including opinions of the U.S. Supreme Court. He was the author of Bankruptcy Law Manual (5th ed. West) and was co-editor of Bankruptcy Reform Act of 1978: A Legislative History (Wm. Hein). He has written numerous articles on bankruptcy and commercial law, including articles that have appeared in the American Bankruptcy Law Journal, Banking Law Journal, Uniform Commercial Code Law Journal, University of Pennsylvania Law Review, Boston College Law Review, Rutgers Law Review and William & Mary Law Review. He also is a frequent speaker at professional seminars and educational programs. He has lectured at Federal Judicial Center seminars for bankruptcy judges, at the National Conference of Bankruptcy Judges and at various bar association programs. Professor Resnick has been on the faculty of the annual New York University Workshop on Bankruptcy & Business Reorganization and the faculty of the Uniform Commercial Code Institute in Washington, D.C.
Professor Resnick is an elected member of the National Bankruptcy Conference and the American Law Institute, and is a Fellow of the American Bar Foundation. He is also an elected Fellow of the American College of Bankruptcy and from 1999 to 2005 served as that organization's Scholar-in-Residence. He received his legal education at Georgetown University Law Center (J.D.) and Harvard Law School (LL.M.).
Sommer, Henry J.
HENRY J. SOMMER is a leading authority on consumer bankruptcy law and has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. He is the Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia and formerly served as the head of the Consumer Law Project at Community Legal Services in Philadelphia. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School.
Together with Alan N. Resnick, Mr. Sommer serves as the Editor-in-Chief of Collier on Bankruptcy and the Collier product line.
Mr. Sommer is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender), Consumer Bankruptcy Law and Practice (Nat'l Consumer Law Center), Consumer Bankruptcy (Wiley) and numerous articles on bankruptcy law. He is co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender), Editor of Collier Bankruptcy Manual (Matthew Bender 3d ed. rev.) and a contributing author to Collier on Bankruptcy and Debtor-Creditor Law (Matthew Bender).
From 1991 to 1998, Mr. Sommer was a member of the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States. He has testified on many occasions before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues and has appeared as a bankruptcy expert on national and local television and radio shows. He has served on the faculty of numerous continuing legal education programs, including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, ALI-ABA, the National Association of Chapter 13 Trustees, the National Association of Consumer Bankruptcy Attorneys and the ABA Family Law Section.
Mr. Sommer is an elected member of the American Law Institute and the National Bankruptcy Conference, for which he served as Reporter for the Bankruptcy Code Review Project's Working Group on Individual Debtors. In addition, he is an elected Fellow of the American College of Bankruptcy. He currently serves as the President of the National Association of Consumer Bankruptcy Attorneys and Vice President of the Coalition for Consumer Bankruptcy Debtor Education. He is the former Chair of the Eastern District of Pennsylvania Bankruptcy Conference and a former member of the Federal Reserve Board Consumer Advisory Council.
Mr. Sommer was the first recipient of the National Consumer Law Center's Vern Countryman Consumer Law Award. He received his legal education from Harvard Law School (J.D., cum laude).