Table of Authorities Cited

c) Report of the Committee on the Judiciary, House of Representatives to accompany S. 256 together with Dissenting, Additional Dissenting, and Additional Minority Views

2) Excerpts from 18 U.S.C. (back to top)

a) 18 U.S.C. §§151-158. Bankruptcy Crimes

§ 151. Definition

§ 152. Concealment of assets; false oaths and claims; bribery

§ 153. Embezzlement against estate

§ 154. Adverse interest and conduct of officers

§ 155. Fee agreements in cases under title 11 and receiverships

§ 156. Knowing disregard of bankruptcy law or rule

§ 157. Bankruptcy fraud

§ 158. Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules

b) 18 U.S.C. §1519. Destruction, alteration, or falsification of records in Federal investigation and bankruptcy (back to top)

c) 18 U.S.C. §§1961-1968 Racketeer Influenced and Corrupt Organizations (RICO)

§ 1961. Definitions.

§ 1962. Prohibited activities.

§ 1963. Criminal penalties.

§ 1964. Civil remedies.

§ 1965. Venue and process.

§ 1966. Expedition of actions.

§ 1967. Evidence.

§ 1968. Civil investigative demand.

d) 18 U.S.C. §3057. Bankruptcy investigations

e) 18 U.S.C. §3284. Concealment of bankrupt’s assets (back to top)

f) 18 U.S.C. §3571. Sentence of fine

3) 28 U.S.C. Judiciary & Judicial Procedure (whole Title as of January 19, 2004)

a) 28 U.S.C. §§151-158. Bankruptcy judges (back to top)

§ 151. Designation of bankruptcy courts.

§ 152. Appointment of bankruptcy judges.

§ 153. Salaries; character of service.

§ 154. Division of business; chief judge.

§ 155. Temporary transfer of bankruptcy judges.

§ 156. Staff; expenses.

§ 157. Procedures.

§ 158. Appeals. § 158. Appeals (as amended by BAPCPA of 2005)

b) 28 U.S.C. §331. Judicial Conference of the United States (back to top)

c) 28 U.S.C. §332. Judicial councils of circuits

d) 28 U.S.C. §§351-364. Judicial Conduct and Disability Act of 1980

§ 351. Complaints; judge defined

§ 352. Review of complaint by chief judge

§ 353. Special committees

§ 354. Action by judicial council

§ 355. Action by Judicial Conference

§ 356. Subpoena power

§ 357. Review of orders and actions

§ 358. Rules

§ 359. Restrictions

§ 360. Disclosure of information

§ 361. Reimbursement of expenses

§ 362. Other provisions and rules not affected

§ 363. Court of Federal Claims, Court of International Trade, Court of Appeals for the Federal Circuit

§ 364. Effect of felony conviction

e) 28 U.S.C. §453. Oaths of justices and judges (back to top)

f) 28 U.S.C. §455. Disqualification of justice, judge, or magistrate judge

g) 28 U.S.C. §586. Trustees’ duties; supervision by Attorney General

h) 28 U.S.C. §753. Court Reporters

i) 28 U.S.C. §2071. Rules of courts; power to make them

4) The Class Action Fairness Act of 2005, Pub.L. 109-2, §9, Feb. 18, 2005, 119 Stat. 14

Sec.1.Short title; reference; table of contents.

Sec.2.Findings and purposes.

Sec.3.Consumer class action bill of rights and improved procedures for interstate class actions.

28 U.S.C. §1711. Definitions.

§1712. Coupon settlements.

§1713. Protection against loss by class members.

§1714. Protection against discrimination based on geographic location.

§1715. Notifications to appropriate Federal and State officials.

Sec.4.Federal district court jurisdiction for interstate class actions.

28 U.S.C. §1332(d)(1) Application of Federal Diversity Jurisdiction. (amendment)

Sec.5.Removal of interstate class actions to Federal district court.

28 U.S.C. §1453. Removal of class actions

Sec.6.Report on class action settlements.

Sec.7.Enactment of Judicial Conference recommendations.

Sec.8.Rulemaking authority of Supreme Court and Judicial Conference.

Sec.9.Effective date.

C. National Procedural Rules (as of December 1, 2005) (back to top)

1) Rules of the Supreme Court of the United States

2) Federal Rules of Appellate Procedure

3) Federal Rules of Civil Procedure

4) Federal Rules of Bankruptcy Procedure

a) FRBkrP amended by Bankruptcy Abuse Prevention & Consumer Protection Act of 2005

5) Federal Rules of Evidence

D. Local Procedural Rules (back to top)

1) Local Rules of the Court of Appeals, Cir. 2

2) Local Civil Rules of Procedure, WDNY

3) Local Bankruptcy Rules, WBNY

E. Complaint Rules (back to top)

1) Rules of the Judicial Conference of the United States for the Processing of Petitions for Review of Judicial Council Orders Under the Judicial Conduct and Disability Act

2) Rules of the Judicial Council of the Second Circuit Governing Complaints Against Judicial Officers under 28 U.S.C. §351 et seq.

F. Code of Federal Regulations (back to top)

Title 28: Judicial Administration: Part 58.1-6—Regulations Relating To The Bankruptcy Reform Acts of 1978 And 1994

G. Code of Conduct for US Judges (back to top)

Code of Conduct for United States Judges

H. Trustee Manual (back to top)

U.S. Trustee Manual Volume 2: Chapter 7 Case Administration (excerpts)

I. Judicial Conference Committee to Review Circuit Council Conduct and Disability Orders (back to top)

The 15 decisions of issued by the Review Committee since the adoption of the Judicial Conduct and Disability Act of 1980

J. Standards of Professional Responsibility (back to top)

1) For Lawyers (back to top)

a) ABA Model Code of Professional Responsibility (August 1980)

b) ABA Model Code of Rules of Professional Responsibility (2004)

1) States applying either the ABA Model Code or the Model Rules

c) New York Lawyer's Code of Professional Responsibility (as of January 1, 2002)

2) For Journalists (back to top)

a) The New York Times Statement on Integrity

b) Washington Post Standards and Ethics, February 17, 1999

c) Jim Lehrer’s Rules of Journalism

d) American Society of Newspaper Editors Statement of Principles