Provisions of the source laws not in titles 11 and 24
Findings written by hand from analysis/uncodified/t11.md and t24.md (Code at release point
119-138). The method is tools/uncodified/README.md.
Title 11
The tables cover 869 sections of 83 laws. 262 sections are not in the text of any title, or partly not: 140 are set out as statutory notes, 33 are described in notes, 24 amended a provision set out as a note, 23 amended title 28 in amendments that never took effect, and 57 are nowhere in the Code. The notes that hold them are under title 11 (129 sections) and title 28 (48), with a few under titles 15, 5, 7, 12 and 48. Title 11 itself carries 127 notes that set out or describe law: 103 set out and 24 described.
By kind: 73 amendments (34 not in the Code), 59 effective-date and application provisions (all set out as notes), 28 short titles, 17 provisions on judgeships and courts, 9 studies and reports, 8 savings and transition provisions, 8 rules provisions, 7 sunsets, 5 senses of Congress and 5 budgetary-effects statements (none of these 10 in the Code), 3 severability clauses.
Pub. L. 95-598, the Bankruptcy Reform Act of 1978
Title 11 is positive law, enacted by section 101 of Pub. L. 95-598. The other titles of that Act are free-standing law or amendments of other titles.
| Part of Pub. L. 95-598 | Where it is |
|---|---|
| Title I, § 101 | Enacts title 11; the enacting clause is described in a note at the head of title 11 |
| Title II (§§ 201–252), amendments of title 28 and the Federal Rules of Evidence | Of 101 sections in the Act, 44 amend other titles. Under § 402(b), title II's amendments did not take effect except those listed in § 402(c) and (d); the amendments notes of 23 title 28 sections say so. 12 more title II sections (new title 28 chapters after chapters 5, 49 and 89, other title 28 sections, Evidence Rule 1101) are not in the Code at all |
| Title III, conforming amendments of other laws | Mostly in the Code as amendments of other titles; 10 sections amend laws since repealed or not classified (15 U.S.C. 79k, 19 U.S.C. 2022, 20 U.S.C. 1087-3, 31 U.S.C. 191 and others) and are not in the Code |
| § 401, repeal of the Bankruptcy Act of 1898 | Set out as a note at the head of title 11 |
| § 402, effective dates | Set out at the head of title 11; amended by Pub. L. 98-353 § 113 |
| § 403, savings: cases begun under the 1898 Act stay under it | Set out at the head of title 11; amended by Pub. L. 98-353 § 382 |
| §§ 404, 406, 407, 408, 409, the transition court system, the transition study, the U.S. trustee pilot | Described as repealed in notes under 28 U.S.C. chapters 6, 39 and 90 (repealed by Pub. L. 98-353 §§ 114, 122(a) and Pub. L. 99-554 § 307(b)) |
| §§ 405(d), 410, procedure during the transition and additional rulemaking power | Set out under 28 U.S.C. 2075 |
| § 411, the 1898 Act's § 40a salary figure | Not in the Code |
The free-standing law still in force from Pub. L. 95-598 is §§ 401–403, 405(d) and 410. It governs which law applies to a case (§ 402's dates, § 403's rule that a case filed before October 1, 1979 stays under the 1898 Act) and the Supreme Court's rules for cases under title 11.
Later amending Acts
Each Act that amended title 11 left free-standing provisions in a pattern:
- Its own effective date and application rule, set out as a note under the title 11 section it amended, or under 11 U.S.C. 101 for an Act-wide one (BAPCPA, Pub. L. 109-8 § 1501).
- Its short title, set out under 11 U.S.C. 101, or under 28 U.S.C. 151 or 581 when the Act was mainly about the courts or the U.S. trustees.
- Court and trustee provisions in title 28 notes. BAFJA (Pub. L. 98-353) title I's transition provisions for bankruptcy judges (§§ 105, 106, 115, 120–122) are under 28 U.S.C. 151–153 and 1334; Pub. L. 99-554 title III (§§ 301–311, the U.S. trustee system's transition) is one note under 28 U.S.C. 581.
- Studies, reports and senses of Congress not in the Code. BAPCPA has 10 such sections (§§ 103, 205, 222, 230, 319, 443, 604, 1229, 1307, 1308).
- Sunset extensions that amend a note rather than the title. Chapter 12's sunset was a note under 28 U.S.C. 581, extended by 10 Acts from 1993 to 2004 before BAPCPA § 1001 made the chapter permanent; the National Guard and Reservists Debt Relief Act of 2008's sunset has been extended the same way by 4 Acts (2011, 2015, 2019, 2023).
- Amendments of laws the Code does not hold: BAFJA §§ 321, 322 and 354 amended the Bankruptcy Rules and Official Form 1 directly.
The Bankruptcy Reform Act of 1994 (Pub. L. 103-394) title VI established the National Bankruptcy Review Commission; that title is described in a note in title 11. Pub. L. 91-354 (1970), which created the earlier Commission on the Bankruptcy Laws, is described the same way, all 6 sections.
Title 24
Title 24 is not positive law; aih/codification-bills has a draft codification bill for it. The tables cover 185 sections of 61 laws; 44 are not in the text of any title or partly not: 17 set out as notes, 10 described, 3 amending a note, and 17 not in the Code. Title 24 carries 28 notes that set out or describe law (17 set out, 11 described).
The provisions not in the Code are mostly from the Armed Forces Retirement Home Act of 1991 (Pub. L. 101-510, div. A, title XV) and the defense authorization Acts that amended it: the transfer of the Naval Home and Soldiers' and Airmen's Home trust funds (§ 1531), the repeal of their earlier laws (§ 1532), yearly authorizations of appropriations for the Home (§ 1542, and §§ 1411, 1421, 1423 and 1424 of later Acts), and land conveyances (Reservation 13 in the District of Columbia). Effective dates (9) and short titles (3) are all set out as notes.
The draft's disposition of the 28 notes in title 24: 5 repealed as executed, 2 as unnecessary,
2 as obsolete, 1 as expired, 4 not repealed but omitted from the text, 1 short title of an
amending Act kept, 2 split between a new section and a repeal, and 11 with no disposition in
the draft's table. The Draft column of t24.md gives each one.