The United States Congress is responsible for designing, regulating, and modifying the bankruptcy code as outlines in the Constitution under Article 1, Section 8, Clause 4. Article 1 gives Congress the power to administer uniform Laws that are related to bankruptcy. These rules and regulations are applied to bankruptcy filings at Federal levels. Since the rules and laws vary by state these are the ones commonly applied to any bankruptcy case that is filed.

There have been numerous changes to the bankruptcy code over the years. In 1978 the Bankruptcy Reform Act was introduced. There weren't too many changes until 2005 when President George W. Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act. The purpose of this act was to prevent individuals from continually accumulating debt and then having it absolved. All of the changes can be found in Title 11 of the USC.

This is where all the statutes for the laws surrounding debt can be found. There are several other parts of the various laws that intertwine with them. They include the authority over insolvency in Title 28, how criminal acts affect debt resolution in Title 18 and the tax issues that are involved when you file for bankruptcy in Title 26.

In addition, there are many Federal statutes that apply to bankruptcy laws as well. The individual must create an estate. This is a complete listing of all the assets that the individual is connected to. This estate is separate from an individuals own debts if they choose to file bankruptcy under Chapter 7 or 11. They are included in they file under Chapter 12 or 13. Make sure you file under the one that will offer you the most benefits as well as the best chance of having your petition approved.

Some different issues that have to be taken into consideration are the United States trustee laws, what is considered to be exempt property, various entities and their classification, a bibliography, the benefits of various pension plans and the liabilities that come with debt resolution, and the rules of the debt court. There are so many different items under the bankruptcy code that you need to consult with legal council whose expertise is bankruptcy. They can help you understand how this code applies to your own case.