Legal Resources

Legal Resources

Disclaimer: the links below are not maintained by the US Bankruptcy Court - District of RI.

Federal Bankruptcy Code

The Bankruptcy law (link) is codified as Title 11 of the United States Code and further broken into various Chapters, each dealing with a different subject such as: Chapter 7 Liquidation; Chapter 13 Adjustment of Debts of an Individual with Regular Income; Chapter 11 Reorganization, etc.. The bankruptcy code is a uniform law, applicable to all states. In addition to Title 11, Titles 18 and 28 contain provisions relating to bankruptcy.

Rhode Island General Laws

Schedule C entitled, “Property Claimed As Exempt” requires that the Debtor elect exemptions under 11 U.S.C. Sec. 522(b)(2) or 11 U.S.C. Sec. 522(b)(3) (Either the federal or the applicable state law). For Rhode Island general laws - see R.I. General Laws Section 9-26-4.

Federal Rules of Bankruptcy Procedure

In addition to the Federal Rules, the United States Bankruptcy Court for the District of Rhode Island has adopted Local Rules which govern procedure in all cases and proceedings under Title 11 of the United States Code in the District of Rhode Island. The local rules may be found at our website.

The local rules are divided into nine parts to be consistent in format with the Federal Rules of Bankruptcy Procedure, and in most cases the local rule relates to a similarly numbered federal rule. The local rules supplement the Federal Rules of Bankruptcy Procedure and they shall be construed so as to be consistent with those rules and to promote the just, efficient, and economical determination of every bankruptcy case and adversary proceeding.

You should become familiar with these rules, as failing to comply with provisions of these local rules may result in the issuance of an order to show cause why appropriate sanctions should not be imposed. Such sanctions may include but are not limited to the imposition of monetary sanctions, non-monetary sanctions, dismissal of the case or proceeding, or denial of relief sought, as the Court deems appropriate.

Citing Local Rules:

These rules may be referred to as the “Rhode Island Bankruptcy Rules” and shall be cited as “R.I. LBR” or LBR.