Bankruptcy Code

The bankruptcy code is Title 11 of the United States Code. The United States Code is the federal law passed and amended by Congress throughout the years. The bankruptcy code is comprised of nine chapters, some of which govern specific types of bankruptcy and some of which provide general rules applicable to all bankruptcies. Since bankruptcy code is federal law, people and businesses must use bankruptcy through the federal courts.

The federal judiciary is comprised of eleven circuits throughout the country. Each state is in a particular district in a particular circuit. For example, all Minnesota bankruptcies are filed in the United States Eighth Circuit, District of Minnesota.

The bankruptcy code is interpreted by case law in each district. Further, state law can come into play on certain issues. While hiring an attorney is not an absolute necessity to file for bankruptcy (as an attorney is not a necessity to use any part of the legal system) with a confluence of so many laws and the severity of the consequences should something be done in error, it is prudent to contact an attorney prior to filing bankruptcy and prior to taking any actions in preparation of bankruptcy.

This content is not meant to constitute advice of any kind, including without limitation, legal advice of any kind. If you require advice in relation to any legal matter you should consult an appropriately qualified lawyer.

Should I Choose Bankruptcy?