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New to Bankruptcy #3

Another part of your bankruptcy education is learning the Bankruptcy Code. These are the federal laws enacted by Congress to carry out the mandate in the US Constitution.

The U.S. Constitution refers explicitly to bankruptcy. ... Included among a long list of legislative powers given to Congress in Article 1 of the Constitution is the power “to establish… uniform laws on the subject of bankruptcies throughout the United States.” (Article 1, Section 8, Clause 4.)

The Bankruptcy Code of laws is found in the United States Code under Title 11. The United States Code is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 53 titles and published by the Office of the Law Revision Counsel of the U.S. House of Representatives.

For example in the Bankruptcy Code it says that all people that file chapter 7 bankruptcy must be examined: “ The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor. The United States trustee may administer the oath required under this section.” This code section is found at 11 U.S.C. 343.

The “11” refers to title “11” of the United States Code and “343” is section “343 of the Title “11”.

Most attorneys have a small book( or digital copy) called the Mini Code published by Awhfy Publishing ( AWHFY L.P. publishes the original MiniCode & MiniRules for bankruptcy and the Annotated MiniCodes & MiniRules for all 11 Federal Circuits. The Federal Rules of Evidence and Civil Procedure are available in the MiniFed.

The “Mini-Code” may also be purchased with the “Mini-Rules” that show the Federal Rules of Bankruptcy Procedure, (FRBP) are a set of rules promulgated by the Supreme Court of the United States under the Rules Enabling Act, directing procedures in the United States bankruptcy courts. They are the bankruptcy law counterpart to the Federal Rules of Civil Procedure.

Practice Pointer: Learn about bankruptcy law through the Bankruptcy Code and keep a copy of the “Mini-Code” on hand for a quick resource guide. You never know when a Bankruptcy Judge or bankruptcy Trustee may ask you a question about the bankruptcy code as it pertains to your case.

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