If Jews, Muslims, and Christians are People of the Book, we as bankruptcy lawyers are, or ought to be, People of the Code, the Bankruptcy Code. Virtually every question that a new bankruptcy lawyer asks ought to send her first to the code for a start.
The Bankruptcy Code adopted in 1978, was well thought out in terms of structure, word usage, and organization. The “reforms” of 2005 were a step back in terms of clarity. But even if the statute is difficult, my firm advice is to read the relevant code sections, before you look for cases on your question or call for help from others.
Take a look at the organization of the code. Chapters 1, 3, and 5 apply in every bankruptcy case. Chapters 7, 9, 11, 12, 13 apply only to cases filed under those chapters.
Then, find a summary of the 2005 changes, and be mindful of new concepts or alterations that BAPCPA brought with it. Yesterday, a new bankruptcy lawyer cited a 1995 case on disposable income, having missed, apparently, that the term was redefined in 2005.
Hit the book, or the Code, and this will all fall together sooner.
Image courtesy bookfind.jp
