Legislative History
- Timeline of Bankruptcy LegislationAn illustrative timeline of the evolution of Bankruptcy Law in the United States
- Bankruptcy Reform Act of 1978Essentially created Chapter 11 as we know it today.
o Replaced the outdated Bankruptcy Act of 1898.
o Allowed businesses to reorganize rather than liquidate.
o Gave debtor-in-possession (DIP) control—allowing businesses to operate while restructuring.
o Introduced the automatic stay and clearer rules for reorganization plans. - Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was a major reform of U.S. bankruptcy law, aimed at reducing abuse of the bankruptcy system and making it harder for individuals to file for Chapter 7 bankruptcy (which discharges most debts).
Guidance Documents
- Filing for Chapter 11 Bankruptcy Protection ToolkitResources to help companies and other eligible debtor entities and their counsel prepare and file a Chapter 11 bankruptcy case. This includes considerations and strategies for particular sectors such as retail, oil and gas, healthcare, small business, and individual filings. This Toolkit includes resources addressing issues such as bankruptcy venue, fiduciary duties, access to cash collateral and debtor-in-possession (DIP) financing, data privacy and security, environmental liabilities, involuntary vs. voluntary filings, professional retentions, and first day relief.
- Chapter 11 First Day Declaration Practice NoteThis Note explains the purpose of a first day declaration, the logistics of drafting the declaration and choosing a declarant, and the contents of the declaration. This Note also discusses the significance of a first day declaration in laying a foundation for a debtor's first day motions and the Chapter 11 case. This Note also includes links to summaries of the local rules for first day declarations in certain jurisdictions, allowing attorneys to compare rules across different bankruptcy courts.
- Chapter 11 Statutory Deadlines ChartA Chart of bankruptcy deadlines in a corporate Chapter 11 bankruptcy case. This chart sets out the deadlines arising under the US Bankruptcy Code, Federal Rules of Bankruptcy Procedure, US Trustee guidelines, and bankruptcy practice, including for filing schedules and the statement of financial affairs, asserting reclamation and section 503(b)(9) claims, providing adequate assurance to utilities, setting claim bar dates, attending section 341 meetings, assumption and rejection of leases, filing monthly operating reports and paying US Trustee quarterly fees, plan exclusivity, appealing bankruptcy court orders, and seeking to revoke a confirmation order based on fraud.