Chapter 1 of the Bankruptcy Code The United States bankruptcy laws are codified at 11 U.S.C. § 101 et seq., which is commonly referred to as the Bankruptcy Code. The Code is segregated into various “chapters” just like a book: 1, 3, 5, 7, 9, 12, 13 and 15. The Bankruptcy…

Chapter 3 of the Bankruptcy Code Bankruptcy Code Chapter 3 relates to case administration. Section 301 et seq. provides rules about commencing a bankruptcy case, duties of the trustee and other officers, required meetings of creditors, and automatic stay/injunction rights. Not all sections of Chapter 3 will be addressed. Instead, concentration is…

Chapter 5 of the Bankruptcy Code Bankruptcy Code Chapter 5 provides for rights of creditors, duties of debtor, obligations of debtor’s counsel, and administration of the bankruptcy estate. Chapter 5 consists of sections 501 thru 562. Not all sections of Chapter 5 will be addressed. Instead, concentration is placed on those…

Chapter 7 of the Bankruptcy Code Bankruptcy Code Chapter 7 is different than Code chapters 1, 3 & 5.  Think of Chapters 1, 3 and 5 as the internal gears that make the bankruptcy machine operate efficiently – the nuts and bolts of the bankruptcy process if you will. In…