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What Bankruptcy Law Governs the Bankruptcy Process?

By , About.com Guide

Question: What Bankruptcy Law Governs the Bankruptcy Process?
Answer:

Bankruptcy is governed by federal law, under Article 1 of the U.S. Constitution. The primary bankruptcy law is in Title 11 of the U.S. Code. The U.S. Trustee program, under the Department of Justice, is charged with administration of bankruptcy laws, including appointing trustees to administer individual bankruptcy cases. Bankruptcy cases are filed with the U.S. Bankruptcy Court, but many bankruptcy cases are tried under state bankruptcy provisions.

New Bankruptcy Law
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 made some significant changes in the bankruptcy law, attempting to make it more difficult to file for liquidation bankruptcy under Chapter 7. Consumers and sole proprietors can now file for Chapter 13 reorganization instead, requiring them to pay back at least a portion of their debt.

Bankruptcy Rules and Procedures Cornell University Law School has a listing of federal bankruptcy rules and procedures.

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