U.S. Constitution
The U.S. Constitution (Article I, Section 8) authorizes Congress to establish uniform bankruptcy laws throughout the nation. See U.S. Const. art. I, § 8, cl. 4.
U.S. Code
The Bankruptcy Code (11 U.S.C. §§ 101 et seq.) is derived from the Bankruptcy Reform Act of 1978, as amended.
Administrative and Procedural Chapters
The first three chapters of the Bankruptcy Code are administrative and procedural chapters that apply equally to all chapters of the Bankruptcy Code.
- Chapter 1: General Provisions (11 U.S.C. §§ 101–112)
- Chapter 3: Case Administration (11 U.S.C. §§ 301–366)
- Chapter 5: Creditors, the Debtor, and the Estate (11 U.S.C. §§ 501–562)
Bankruptcy Relief
The subsequent chapters of the Bankruptcy Code outline six possible forms of relief:
- Chapter 7: Liquidation (11 U.S.C. §§ 701–784)
- Chapter 9: Adjustment of Debts of a Municipality (11 U.S.C. §§ 901–946)
- Chapter 11: Reorganization (11 U.S.C. §§ 1101–1195)
- Chapter 12: Adjustment of Debts of a Family Farmer or Family Fisherman with Regular Annual Income (11 U.S.C. §§ 1201–1232)
- Chapter 13: Adjustment of Debts of an Individual with Regular Income (11 U.S.C. §§ 1301–1330)
- Chapter 15: Ancillary and Cross Border Cases (11 U.S.C. §§ 1501–1532)
International and Local Laws
International Law
Consumer bankruptcy generally doesn't implicate international laws, unless the case involves cross-border insolvency (i.e., the debtor has assets or creditors in a different country). If the debtor has assets or creditors in a different country, researchers and practitioners should consult Chapter 15 (11 U.S.C. §§ 1501–1532) of the Bankruptcy Code.
State and Local Laws
Researchers and practitioners should also consult the website of their local bankruptcy court. Every bankruptcy court has its own local rules and guidelines that will inform policies and procedures.