Collier on Bankruptcy

For pricing and more information on this title, call us at 1-877-394-8826. Discounts may be available to customers that subscribe to both online research and print products. The preeminent bankruptcy law treatise provides authoritative analysis of all provisions of the Bankruptcy Code (title 11 U.S.C.) and the Bankruptcy Rules, with a comprehensive collection of commercial and consumer bankruptcy forms. The one resource every bankruptcy practitioner needs.
by Henry J. Sommer (Author) , Richard Levin (Author)
Publisher: Matthew Bender Elite Products

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Long recognized as the most authoritative and comprehensive single source of bankruptcy law information, Collier on Bankruptcy®, Sixteenth Edition from Matthew Bender®, has been cited in federal and state cases over 30,000 times, including 125 U.S. Supreme Court cases.* Click here to watch the authors reflect on the 125th anniversary of this seminal legal treatise.

The latest Supreme Court decision citing Collier on Bankruptcy was issued in 2023 - Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 2023 U.S. LEXIS 2544, at *13 (June 15, 2023) (“These protections sweep broadly, by their own terms. To facilitate the Code’s “orderly and centralized” debt resolution process, Collier on Bankruptcy ¶1.01 . . .”).

A hallmark of Collier has been its unprecedented array of contributors, who include some of the country's most respected practitioners and jurists. Their work is carefully reviewed by the distinguished Collier editors-in-chief and Board of Editors. The editors and authors are not only building upon a 100-year-old legacy, but are creating a practical and timely resource that is tailored for today's busiest lawyers. Collier never stands still, with updates four times a year to ensure that it always reflects the evolving law.

Collier on Bankruptcy is organized as follows:

•  Overview; Jurisdiction; Appeals; etc.

Volume 1 addresses those topics that are not tied to a particular Code section, encompassing all of the introductory material and the material on the bankruptcy court system, jurisdiction, venue, appeals, the U.S. trustee system, bankruptcy crimes, professional responsibility, fees and mediation. Chapter 10 focuses on suits against trustees and debtors in possession without leave of the bankruptcy court and the duty to comply with state law and to pay taxes. Also included are overviews of the Bankruptcy Code (Chapter 1), a chapter describing liquidations of broker-dealers under the Securities Investor Protection Act of 1970 (Chapter 12), a topical treatment of ancillary and cross-border insolvency cases (Chapter 13) and a thorough treatment of the history of bankruptcy legislation (Chapter 20)

•  Analysis of Bankruptcy Code

Volumes 2 through 8 cover Bankruptcy Code sections 101 through 1532, with chapters keyed sequentially to individual Code sections. Each chapter contains a discussion of the current law governing the applicable Code provision along with its history and derivation. These are the core volumes of Collier.

•  Analysis of Bankruptcy Rules

Volumes 9 and 10 cover the Federal Rules of Bankruptcy Procedure, with chapters keyed sequentially to individual rules. The analysis includes the derivation of the rule covered, along with all Advisory Committee Notes.

•  Bankruptcy Taxation

Volume 11 has detailed treatment of bankruptcy taxation issues, including issues arising in connection with bankruptcy cases and litigation with the IRS in bankruptcy court.

•  Exemptions

Volumes 12 and 13 set forth state law exemptions of property in bankruptcy cases. Each chapter covers the state-law exemptions of a different state/territory (reprinting the statutory provisions). Federal non-Bankruptcy Code exemptions are also addressed, as are case highlights summarizing exemption-related issues discussed in bankruptcy decisions.

•  Commercial and Consumer Forms

Volumes 14 through 17 are devoted to forms for commercial bankruptcies. Volumes 18 and 19 focus on forms for consumer bankruptcies. Each part contains sample forms as well as discussion and notes explaining the forms and their use.

•  Primary Source Material (Vols. A - G)

Appendix Volumes A through G contain the relevant primary source material, including current versions of the Code, Rules, and Official Forms; the text of the Public Laws for all major bankruptcy legislation since 1978, with relevant legislative history; bankruptcy commission reports; and the text of other selected legislation. Volume E - 2 contains the text of the Bankruptcy Abuse Prevention and Consumer Protection Act and its relevant legislative history.

•  Indices and Tables (Vol. Star)

The star volume contains a general index as well as indexes for the tax and forms material. Also included is a table of cases.

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Featured Authors

Henry J. Sommer
Richard Levin

Henry J. Sommer

Henry J. Sommer is a leading authority on consumer bankruptcy law and has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. He is the President of the National Consumer Bankruptcy Rights Center. He has served in the past as head of the Consumer Law Project at Community Legal Services in Philadelphia and as the Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. Mr. Sommer has been a Lecturer-in-Law at the University of Pennsylvania Law School and an adjunct professor at Temple University School of Law. Mr. Sommer is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender), Consumer Bankruptcy Law and Practice (Nat'l Consumer Law Center),and numerous articles on bankruptcy law. He is co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender). Together with Richard Levin, Mr. Sommer serves as Editor-in-Chief of Collier on Bankruptcy (16th ed.). Mr. Sommer is an elected member of the American Law Institute and the National Bankruptcy Conference. In addition, he is an elected Fellow of the American College of Bankruptcy. He is a former president of the National Association of Consumer Bankruptcy Attorneys, former Chair of the Eastern District of Pennsylvania Bankruptcy Conference and a former member of the Federal Reserve Board Consumer Advisory Council. Mr. Sommer was the first recipient of the National Consumer Law Center's Vern Countryman Consumer Law Award. He received his legal education from Harvard Law School (J.D., cum laude).

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Richard Levin

Richard Levin

Richard Levin is a Co-head of Jenner & Block LLP’s Restructuring and Bankruptcy Practice, practicing in the New York City office. Mr. Levin's practice concentrates on corporate restructuring, insolvency and bankruptcy issues. From 1975 to 1978, Mr. Levin served as counsel to a subcommittee of the House Judiciary Committee, where he was one of the principal authors of the Bankruptcy Reform Act of 1978. Mr. Levin is a member and former Chair of the National Bankruptcy Conference, a select organization of bankruptcy professionals that has acted as an informal advisor to Congress on bankruptcy law since the mid-1930s. He is also a Fellow of the American College of Bankruptcy and a former member of its Board of Trustees (2007–2009). Mr. Levin also served as Faculty at the Federal Judicial Center (2001-present) and as a Lecturer in Law at Harvard Law School (2004, 2006). Together with Henry J. Sommer, Mr. Levin serves as Editor-in-Chief of Collier on Bankruptcy (16th ed.). Mr. Levin received an S.B. from the Massachusetts Institute of Technology in 1972, and a J.D. from Yale Law School in 1975.

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Table of contents

VOLUME 1
 
 Chapter 1 Overview of the Bankruptcy Code
 
 Chapter 2 Bankruptcy Courts 

 Chapter 3 Jurisdiction and Powers of District Courts and Bankruptcy Courts
 
 Chapter 4 Venue of Cases and Proceedings 

 Chapter 5 Appeals
 
 Chapter 6 The United States Trustee System

 Chapter 7 Bankruptcy Crimes
 
 Chapter 8 Professional Responsibility
 
 Chapter 9 Filing and Administrative Fees 

 Chapter 10 Suits Against Trustees and Debtors in Possession Without Leave of the Bankruptcy Court, and the Duty to Comply with State Law and to Pay Taxes
 
 Chapter 11 Mediation in Bankruptcy 

 Chapter 12 Liquidations of Broker Dealers under the Securities Investor Protection Act of 1970 (SIPA) 
 
 Chapters 13 Ancillary and Other Cross-Border Insolvency Cases under Chapter 15 of the Bankruptcy Code

 Chapter 14 [Reserved] 

 Chapter 15 Corporate Governance in Insolvency and Bankruptcy

 Chapters 16 through 19 [Reserved] 

 Chapter 20 History of United States Bankruptcy Legislation 

 Chapter 21 Corporate Reorganization Law and Practice under the Bankruptcy Act of 1898


 VOLUME 2
 
 Chapters 101 - 308 (Bankruptcy Code §§ 101 - 308) 


 VOLUME 3 

 Chapters 321 - 366 (Bankruptcy Code §§ 321 - 366) 


 VOLUME 4 

 Chapters 501 - 528 (Bankruptcy Code §§ 501 - 528) 


 VOLUME 5 

 Chapters 541 - 562 (Bankruptcy Code §§ 541 - 562) 

 
 VOLUME 6 

 Chapters 700 - 946 (Bankruptcy Code §§ 701 - 946) 

 
 VOLUME 7
 
 Chapters 1100 - 1129 (Bankruptcy Code §§ 1101 - 1129) 


 VOLUME 8 

 Chapters 1141 - 1532 (Bankruptcy Code §§ 1141 - 1532) 


 VOLUME 9
 
 Chapters 1001 - 5012 (Fed. R. Bankr. P. 1001 - 5012) 


 VOLUME 10 

 Chapters 6001 - 9037 (Fed. R. Bankr. P. 6001 - 9037) 


 VOLUME 11 

 Tax Guide

 Chapter TX1 Policies and History

 Chapter TX2 Federal Taxation of the Non-Corporate Bankruptcy Estate

 Chapter TX3 Tax Reporting Requirements

 Chapter TX4 Priority and Dischargeability of Tax Claims

 Chapter TX5 Litigation with the IRS in Bankruptcy Court

 Chapter TX6 Discharge of Indebtedness and I.R.C. Section 108 Relief

 Chapter TX7 Tax Treatment of Creditors

 Chapter TX8 Exchange of Corporate Stock for Debt

 Chapter TX9 Debt for Debt Exchanges

 Chapter TX10 Tax-Free Reorganization of Debtor Corporations

 Chapter TX11 Preservation and Use of Net Operating Losses and Other Corporate Tax Attributes

 Chapter TX11A Consolidated Return Issues in Bankruptcy

 Chapter TX12 State and Local Tax Aspects of Bankruptcy

 Chapter TX13 Financially Troubled Partnerships

 Chapter TX14 Tax Consequences of Disputed Claims Reserves and Creditors' Trusts

 Chapter TX15 Miscellaneous Tax Issues

 Chapter TX16 Tax Disclosure in a Bankruptcy Disclosure Statement

 Chapter TX17 Checklist: Tax Planning and Practice Strategies for Individuals

 Chapter TX18 Tax Planning Checklist and Practice Strategies for Corporate Chapter 11 Debtors


 VOLUME 12 

 State Exemptions

 Introduction 

 Alabama--Montana 


 VOLUME 13
 
 State Exemptions (continued) 
 
 Nebraska--Wyoming
 
 Exemption of Property Held as Tenants by the Entirety
 
 Federal Non-Bankruptcy Code Exemptions \ Research Guide to Legislative History of 11 U.S.C. § 522(b) 
 
 Case Highlights 


 VOLUME 14
 
 Commercial Forms 

 Part 1 Abandoning Property of the Estate
 
 Part 2 Establishing the Attorney-Client Relationship 
 Part 3 Disclosure of Attorney's Fees 

 Part 4 Modifying, Maintaining and Enforcing the Automatic Stay
 
 Part 5 Filing and Responding to Claims and Interests
 
 Part 6 Closing the Case: Continuing Jurisdiction
 
 Part 7 Collective Bargaining Agreements 

 Part 8 Commencement of the Voluntary Case

 Part 9 Committees in Chapter 11 Cases 

 Part 10 Compensation 


 VOLUME 15 

 Commercial Forms (continued) 

 Part 11 Conversions 

 Part 12 Employment of Professional Persons

 Part 13 Executory Contracts and Unexpired Leases 

 Part 14 Fraudulent Transfers
 
 Part 15 Involuntary Petitions

 Part 16 Examination of the Debtor and Other Entities
 
 Part 17 Municipalities 

 Part 18 Operation of Debtor's Business 

 Part 19 Chapter 15 Ancillary and Other Cross-Border Insolvency Cases 


 VOLUME 16 

 Commercial Forms (continued) 

 Part 20 Plans: Disclosure Statements

 Part 21 Plans: Drafting and Filing the Plan
 
 App. 21 Sample Plans and Disclosure Statements 

 Part 21A Plans: Modification of Plans

 Part 22 Plans: Obtaining Acceptance of Plans
 
 Part 23 Plans: Obtaining Confirmation of Plans 


 VOLUME 17
 
 Part 24 Preferential Transfers 

 Part 25 Trustees and Examiners
 
 Part 26 Turnover 

 Part 27 Continuation of Utility Services 

 Part 28 Using, Selling or Leasing Property of the Estate 

 Part 29 Procedure 

 Part 30 Appointment of Ombudsman 


 VOLUME 18
 
 Consumer Forms 

 Part CS1 Abandoning Property of the Estate 

 Part CS2 Adversary Proceedings 

 Part CS3 Appeals
 
 Part CS4 Establishing the Attorney-Client Relationship
 
 Part CS5 Attorney's Fees 

 Part CS6 Modifying, Maintaining and Enforcing the Automatic Stay
 
 Part CS7 Trustee's Avoiding Powers
 
 Part CS8 Filing and Responding to Claims and Interests 

 Part CS9 Codebtor Stay 

 Part CS10 Commencement of the Case

 Part CS10A Dismissal of the Case 

 Part CS11 Compensation 


 VOLUME 19
 
 Consumer Forms (continued) 
 
 Part CS12 Conversions

 Part CS13 Dischargeability of Debt 

 Part CS14 Discharge
 
 Part CS15 Discrimination

 Part CS16 Executory Contracts and Unexpired Leases 

 Part CS17 Exemptions and Lien Avoidance 

 Part CS18 Meeting of Creditors 

 Part CS19 Plans 

 Part CS20 Reaffirmation
 
 Part CS21 Redemption 

 Part CS22 Reopening the Case 

 Part CS23 Trustees 

 Part CS24 Turnover
 
 Part CS25 Utilities
 
 Part CS26 Procedure

 
 APPENDIX VOLUMES A – G

 
 INDEX (Star) VOLUME
 
 Treatise Index 

 Forms Index Tax Index 

 Table of Cases
 

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