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Bankruptcy: Statutes & Regulations

Laws, Regulations and Procedures

The laws, rules, and procedures that govern bankruptcy are primarily found in two different sources, namely the United States Code (U.S.C.) and the Code of Federal Regulations (C.F.R.).

The U.S.C. contains laws passed by Congress. The C.F.R. contains rules/regulations passed by governmental agencies.

The federal laws governing bankruptcy are found in the United States Code Title 11 and scattered throughout the Code of Federal Regulations.

 

Researching Statutes

Official Statutes differ from Statutes Annotated
Official Statutes are the official version of the law codified whereas the Statutes Annotated are a commercial product of the statutes with annotations to other sources of law, most often case law which defines, broadens, or narrows the scope of that statute.

Statutes and Session Laws
Session Laws are the publication of Congressional bills (and resolutions) and state legislation as they are passed by Congress or a state legislature. Statutes are the bills as they have been codified and are arranged by topic.

For more points to remember check on the Researching Statutes LibGuide provided by the Chickasaw Nation Law Library

Chickasaw Nation Law Library

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Administrative Law Research

Federal regulations are authorized by legislation enacted by Congress. Some landmark legislation, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, require execution via federal regulations. Agencies are often referred to as "regulatory" agencies, because they are empowered to create and enforce rules/regulations that execute the laws. Individuals and other entities can be fined, sanctioned, and criminally prosecuted for violating federal regulations. This LibGuide will provide you more understanding of administrative law and help you conduct administrative law research.

Tracking New Regulations

Several web sites allow you to track agency happenings, including rule-making processes, notices in the Federal Register, and agency decisions. Some of these web sites are listed below:

Regulations.gov - Promotes public participation in the regulatory process. Search proposed rules by agency and then subscribe to e-mail alerts when new notices are added to a regulation's "docket folder."

FederalRegister.gov - Provides a user-friendly way to use and search the Federal Register. You can subscribe to RSS feeds by Agency or Topic. For example, you can subscribe to feeds for the topics of Bankruptcy.

Sample History of a Bill becoming a Statute

(image taken from U.S. Dept. of Transportation, http;//www.fhwa.dot.gov/reports/financingfederalaid/authact.htm)

Subject Guide

Print Sources

 

11 U.S.C. is available in print at KF62 year .A2 and is located in the Reference Area at the Chickasaw Nation Law Library.

For a free download of Title 11 see the U.S. House of Representatives downloadable U.S. Code

Electronic Sources

11 U.S.C (Title 11) - Bankruptcy

Chapter 1 - General Provisions

Chapter 3 - Case Administration

Chapter 5 - Creditors, the Debtor, and the Estate

Chapter 7 - Liquidation

Chapter 9 - Adjustment of Debts of a Municipality

Chapter 11 - Reorganization

Chapter 12 - Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income

Chapter 13 - Adjustment of Debts of an Individual with Regular Income

Chapter 15 - Ancillary and Other Cross-Border Cases

Further information can be found on the following sites:

Govinfo.gov Free through GPO.Gov )

FastCase (Paid Subscription- OK Bar Member/Available in Library)

HeinOnline (Paid Subscription-Available in Library)

Lexis U.S.C.S. (Paid Subscription)

Westlaw U.S.C.A. (Paid Subscription)