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Consumer Bankruptcy Law and Practice: 1.5.2 Rules Advisory Committee Notes

The Federal Rules of Bankruptcy Procedure were accompanied by advisory committee explanatory notes, as was each amendment to those rules. These notes are available online as companion material to this treatise and in a number of published versions of the rules137 and, like the legislative history, are the most authoritative explanation of the drafters’ intent. On questions of rule interpretation, therefore, they should be the first source consulted.

Consumer Bankruptcy Law and Practice: 1.5.3 Treatises and Texts

Collier on Bankruptcy. Of the many treatises and texts on bankruptcy law that have been available, one has become by far the most frequently used and is a bible to many judges and practitioners.138 Any office doing a substantial amount of bankruptcy work should have access to Collier on Bankruptcy,139 which is co-edited by one of the principal congressional staff persons who worked on drafting the legislation.140

Consumer Bankruptcy Law and Practice: 1.5.4 Reporting Services

Because much of the initial case law developed under the Code is found in decisions of the bankruptcy courts, which are not reported in the Federal Supplement or other standard reporters, and because federal district court bankruptcy decisions are no longer reported in the Federal Supplement, access to a bankruptcy reporting service is essential.160 Several competing services are available.

Consumer Bankruptcy Law and Practice: 1.5.7 Computer-Assisted Legal Research

One of the fastest and most thorough methods of bankruptcy research is use of any of the several computer-assisted legal research services that are now available, for example, Lexis and Westlaw. These systems contain a full-text database of bankruptcy cases, and usually also contain many unreported decisions, as well as a citator. The Lexis and Westlaw databases also contain public record information that may be necessary, including UCC filings, bankruptcy records, and various bulletins, law reviews, and newsletters. These services are now available over the Internet.

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Debt–Family Fisherman

(12) The term “debt” means liability on a claim.

(12A) The term “debt relief agency” means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include—

(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Farmer–Incidental Property

(20) The term “farmer” means (except when such term appears in the term “family farmer”) person that received more than 80 percent of such person’s gross income during the taxable year of such person immediately preceding the taxable year of such person during which the case under this title concerning such person was commenced from a farming operation owned or operated by such person.

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Indenture–Municipality

(28) The term “indenture” means mortgage, deed of trust, or indenture, under which there is outstanding a security, other than a voting-trust certificate, constituting a claim against the debtor, a claim secured by a lien on any of the debtor’s property, or an equity security of the debtor.

(29) The term “indenture trustee” means trustee under an indenture.

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Patient–Security

(40A) The term “patient” means any individual who obtains or receives services from a health care business.

(40B) The term “patient records” means any record relating to a patient, including a written document or a record recorded in a magnetic, optical, or other form of electronic medium.

(41) The term “person” includes individual, partnership, and corporation, but does not include governmental unit, except that a governmental unit that—

Consumer Bankruptcy Law and Practice: Amendment History

[Pub. L. No. 97-222, § 1, 96 Stat. 235 (1982); Pub. L. No. 98-353, §§ 391, 401, 421, 98 Stat. 364, 366, 367 (1984); Pub. L. No. 99-554, §§ 201, 251, 283(a), 100 Stat. 3097, 3104, 3116 (1986); Pub. L. No. 100-506, § 1(a), 102 Stat. 2538 (1988); Pub. L. No. 100-597, § 1, 102 Stat. 3028 (1988); Pub. L. No. 101-311, §§ 101, 201, 104 Stat. 267, 268 (1990); Pub. L. No. 101-647, § 2522(e), 104 Stat. 4867 (1990); Pub. L. No. 102-486, § 3017(a), 106 Stat. 3130 (1992); Pub. L. No. 103-394, §§ 106, 208(a), 215, 217(a), 218(a), 304(a), § 501(a), (b)(1), (d)(1), 108 Stat.

Consumer Bankruptcy Law and Practice: § 102. Rules of construction

In this title—

(1) “after notice and a hearing,” or a similar phrase—

(A) means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but

(B) authorizes an act without an actual hearing if such notice is given properly and if—

Consumer Bankruptcy Law and Practice: § 103. Applicability of chapters

(a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.

(b) Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.

Consumer Bankruptcy Law and Practice: § 104. Adjustment of dollar amounts

(a)9 On April 1, 1998, and at each 3-year interval ending on April 1 thereafter, each dollar amount in effect under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1182(1), 1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28 immediately before such April 1 shall be adjusted—

Repossessions: § 3935. Duration and term of stays; codefendants not in service

(a) Period of stay

A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.

(b) Codefendants

Repossessions: § 3936. Statute of limitations

(a) Tolling of statutes of limitation during military service

The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.

Repossessions: § 3951. Evictions and distress

(a) Court-ordered eviction

(1) In general

Except by court order, a landlord (or another person with paramount title) may not—

(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—

(i) that are occupied or intended to be occupied primarily as a residence; and

Repossessions: § 3953. Mortgages and trust deeds

(a) Mortgage as security

This section applies only to an obligation on real or personal property owned by a servicemember that—

(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and

(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.