Bankruptcy Code vs. Federal Bankruptcy Rules and Why a Bankruptcy Attorney Is Important

If you’re struggling to meet debt payments and are considering filing for bankruptcy to receive long-term debt relief, it’s important to take into account how difficult the process might be. If you have several debts that are secured by some of your property, the bankruptcy process may quickly become complicated. For any given bankruptcy case, the levels of complexity often warrant the guidance and assistance of a bankruptcy attorney. Largely due to the nuances of the bankruptcy code and federal regulations in addition to state rules, the help of a bankruptcy attorney in Windom, MN, can be critical in filing a successful case.

Bankruptcy Attorney

Both the bankruptcy code and the federal bankruptcy rules dictate how a case will be processed in any given state. The state bankruptcy laws also play a large part, but the foundation of every case is determined by federal bankruptcy code itself.

Bankruptcy Attorney help with the Code

The core foundation of the structure of bankruptcy is the bankruptcy code. The bankruptcy code lays out how each specific area of any case will be treated, depending on several factors such as chapter, income, debt amount and types, and exemptions claimed by the debtor. These are just a few of the circumstances that attorneys must consider as they review any case. In basic terms, the bankruptcy code determines:

  1. who can file
  2. which chapter they can file for
  3. the responsibilities of the filer
  4. the role of the trustee
  5. what properties will be exempted or liquidated
  6. which debts are discharged
  7. which debts are excepted from discharge
  8. how creditors place a claim on the debt
  9. which order creditors are repaid in (i.e. priority debts come first)
  10. the differences in process of each chapter

The bankruptcy code decides what structure your case will take. Federal regulations are used to implement the bankruptcy code.

Federal Bankruptcy Rules

The federal bankruptcy procedural rules augment the bankruptcy code and help bankruptcy cases move through the process smoothly.  The rules listed here are a basic description of how each step of the process creates a comprehensive system that is flexible to each case, no matter the conditions.


  • 1002: This rule of commencement starts the case with a petition filing and a chapter determination.
  • 1005: This rule designates the caption of the petition, including the location and name of the court and the name of the filer.
  • 1006: Fee of filing is determined by this rule, including bankruptcy fees, waiver forms, or installment payment applications.
  • 1007: This rule determines important documents including lists, schedules, statements, time limitations, and other forms.
  • 1008: This is usually the final rule to consider. It processes any final verifications needed of the petition and accompanying documents.


If you need a bankruptcy attorney in Windom, MN, to file for bankruptcy or if you would like additional information on the bankruptcy code, the bankruptcy process and the federal rules of bankruptcy procedure, contact Behm Law Group, Ltd. today at (507) 387-7200 or