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A. Thomas Small papers

NBA.036

This is a finding aid. It is a description of archival material held at the University of Pennsylvania. Unless otherwise noted, the materials described below are physically available in our reading room, and not digitally available through the web.

Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: National Bankruptcy Archives
Title:
A. Thomas Small papers
Date [inclusive]:
1982-2009
Call Number:
NBA.036
Extent:
1 linear feet
Language:
English
Small Abstract:
This collection of papers contains documents from Judge A. Thomas Small's office between the years 1982 and 2009. Documents include correspondence, handwritten notes, research material, testimonies and drafted legislation. Small actively participated in the legislative process, and much of the collecion covers legislative issues such as the Marathon decision, the creation of Chapter 12 bankruptcy, the creation of Bankruptcy Appellate Panels, and the debate over Bankruptcy Administrators vs. Bankruptcy Trustees. Also included are papers documenting the long range planning process of the United States Judicial Conference and the National Conference of Bankruptcy Judges.
Cite as:
[Identification of item], in the A. Thomas Small Papers, National Bankruptcy Archives, NBA.036, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
PDF Version:

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Biography/History

Judge A. Thomas Small of North Carolina attended Duke University, followed by Wake Forrest University School of Law. Before joining the Fouth Circuit bench and the National Conference of Bankruptcy Judges in 1982, Small worked for the legal division of First Union Bank (now Wachovia/Wells Fargo). Her served as Chief Justice from 1992 to 1999 and 2006 to 2007. Durning this time he presided over many significant consumer and corporate bankruptcy cases. He was a board member of the American College of Bankruptcy, the American Bankrutpcy Institute and the Federal Judicial Committee. Appointed by Supreme Court Justice Rehnquist, Small chaired the Federal Bankruptcy Rules Committee. Her served as the President of the National Conference of Bankruptcy Judges and was the first representative of bankruptcy judges to the Judicial Committee of the United States. Small was also on the Editorial Board of the treatise Collier on Bankruptcy and the Vice President of the North Carolina Bar Association Board. During the farm crisis of the 1980s, Judge Small was integral in drafting Chapter Twelve legislation and later helped to create a Chapter Eleven fast track for small businesses. Small retired in 2009, but has continued involvement in the bankruptcy community.

Scope and Contents

This collection contains Judge Small's professional papers from 1982 to 2009 including correspondence, notes, research, and legislation. Topics include Chapter 12 family farmer bankruptcy, the trustee system, appellate panels, the Marathon decision, and long range plans of the NCBJ and the USJC.

Administrative Information

Publication Information

University of Pennsylvania: Biddle Law Library: National Bankruptcy Archives

Finding Aid Author

Finding aid prepared by Emma James

Access Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Use Restrictions

Copyright is retained by the authors of items in these papers, or their descendants, as stipulated by United States copyright law.

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Collection Inventory

Northern Pipeline, 1982-1990.

Correspondence, 1982-1990.

Box Folder

1982, 1982.

1 1

1983 February - July, 1983.

1 2

1983 May 24: National Conference of Bankruptcy Judges regarding bankruptcy bills, 1983.

1 3

1983 August - December, 1983.

1 4

1984, 1984.

1 5

1989: regarding Federal Courts Study Committee, 1989.

1 6

1990 January 31: establishing bankruptcy appellate pannels, 1990.

1 7

Undated correspondence, Undated.

1 8

Publications, 1982-1984.

Box Folder

1982 newspaper articles.

1 9

1983 newspaper clippings, 1983.

1 10

1982 Articles, 1982.

1 11

1983 Articles, 1983.

1 12

1984 Articles, 1984.

1 13

1984 newspaper articles: confusion in the bankruptcy system, 1984.

1 14

Undated Article, Undated.

1 15

Additional Documents, 1982-1983.

Box Folder

Supreme Court pipeline syllabus, 1982.

1 16

Judicial Conference resolution, 1982 September 23.

1 17

"Bankruptcy Court Reorganization Act of 1983", 1983 January 31.

1 18

National Conference on the Resolution of the Bankruptcy Crisis, 1983 February 10.

1 19

Remarks of P. Rodino Jr. to Judicial Conference, 1983 September 21.

1 20

Address of Hamilton Fish Jr. to National Conference of Bankruptcy Judges, 1983 October 11.

1 21

"Life Under the Emergency Rule, and Thereafter", 1983 November 14.

1 22

National Conference of Bankruptcy Judges result of survey, 1983.

1 23

"Northern Pipeline Case" and its effects, Undated.

1 24

Powers and jurisdiction of bankruptcy courts (post-pipeline), Undated.

1 25

Additional documents, Undated.

1 26

Chapter 12, 1985-2007.

Chapter 12 Series Note

CHapter 12 legislation not only laid out the terms of family farm bankruptcy, but also set up a system of Bankruptcy Trustees.

Correspondence, 1985-2004.

Box Folder

To D. Anderson and S. Gerdano, 1985 November 5 - 22.

2 1

From Ernest Wilkerson, 1985 November 19.

2 2

with D. Anderson and S. Gerdano, 1985 December 11 - 17.

2 3

with S. Gerdano, 1986 January 7 - 31.

2 4

with H. Anderson, T. Boyle, E. Britt, and S. Gerdano, 1986 February - March .

2 5

with M. Bromley, S. Gerdano, R. Kelley, and T. Moore, 1986 April - August.

2 6

with J. Anderson, L. Davis, R. Lundin, L. Mecham, and T. Moore, 1986 September - December.

2 7

with P. Ecker, C. Grassley, M. Howard, S. Jaqua, K. Lundin, and M. Synar, 1987 February - September.

2 8

with D. Bradley, C. Matherson, D. Skoler, and L.C. Watson, 1988 January - October.

2 9

from clerk of U.S. Bankruptcy Court, 1992 June 22.

2 10

1999 - 2004 chapter 12 correspondence, 1999 - 2004.

2 11

Handwritten Notes, Undated.

Box Folder

Notes to draft legislation 1, Undated.

2 12

Notes to draft legislation 2, Undated.

2 13

Research, 1985 - Undated.

Box Folder

Norton Bankruptcy Law Advisor, Undated.

3 1

"Family Farmers with Annual Income" by Judge Richard Stageman, Undated.

3 2

Introducing the idea of Chapter 12, Undated.

3 3

Local bankruptcy rules by state, Undated.

3 4

"The Farmer and Chapters 7, 13, and 11", Undated.

3 5

Research compiled by George C. Paine III, 1985 March 27.

3 6

Miscellaneous notes, Undated.

3 7

Legislation, 1985-1986.

Box Folder

Remarks to Senate Subcommittee on Administrative Practice and Process, 1985 November 12.

3 8

Notes: original draft of legislation, Undated.

3 9

Bill draft 1 with comments, Undated.

3 10

Bill draft 4, Undated.

3 11

Bill draft 5 with notes, Undated.

3 12

Additional draft of bill, Undated.

3 13

Miscellaneous comments and changes to the bill, Undated.

3 14

Senate Agriculture Bankruptcy Taskforce, 1986 February - March.

3 15

Draft with notes from S. Gerdano, 1986 September 29.

3 16

List of amendments, Undated.

3 17

Proposed language with notes (Conference Report), 1986 September 18.

3 18

Bill to amend Title 11, 1986 March 14.

4 1

Proposed Language of Conference Report on H. R. 5316, 1986 October 1.

4 2

H.R. 5316 and Reorganization Act with notes, 1986 April - August.

4 3

Objections to Reorganization Act, 1986 April 17.

4 4

"Family Farm Reorganization Act" by Thomas Moore, Undated.

4 5

Comparison of House and Senate bills, 1986.

4 6

Amendment suggestions, Undated.

4 7

Title 11 of the U. S. Code with notes on Chapter 12 additions, Undated.

4 8

Subcommittee hearing on H.R. 5322, 1992 June 24.

4 9

Miscellaneous documents, Undated.

4 10

Implementation, 1986 - Undated.

Box Folder

Management and supervision of cases, 1986 November 21.

4 11

Guidelines for attorneys, 1986 November 14.

4 12

Chapter 12 guidelines, 1986 November 26.

4 13

"Memoranda, Forms and Documents for Chapter 12 Cases", Undated.

4 14

Case management materials, Undated.

4 15

Local rules, Undated.

4 16

Trustee guidelines, Undated.

4 17

Trustee's Exhibits, Undated.

4 18

Publications, 1986-1993.

Box Folder

Newsletters and newspapers, 1986.

4 19

Farm bankruptcy articles 1, 1987 - 1989.

4 20

Farm bankruptcy articles 2, 1990 - 1993.

4 21

Additional Material, 1986-2007.

Box Folder

Travel Voucher, 1985 December 17.

5 1

Meeting in Gerdano's office, 1986 September 19.

5 2

Court documents, 1987 February - 1988 August.

5 3

"Chapter 12 Issues" by Small for seminar, 1987 March 2 - 6.

5 4

"Chapter 12" by Small, Undated.

5 5

Teaching material, 1987 September.

5 6

U.S. General Accounting Office breif: Issues Surrounding Chapter 12, 1989 May.

5 7

Handbook for Chapter 12 Standing Trustees, 1989 December.

5 8

In re Watford, 1990 April 28.

5 9

Chapter 7 asset review procedures, 1993 February 4.

5 10

Articles: Chapter 12 issues, 2005 - 2007.

5 11

ABA satellite program interview, Undated.

5 12

Miscellaneous pieces of documents, Undated.

5 13

Bankruptcy Administration, 1985-2005.

Bankruptcy Administration Series Note

This series specifically documents the creation of the Trustee system, and compares it to other systems of bankruptcy court refereeing.

Correspondence, 1985-1994.

Box Folder

1985 June 14, 1985.

6 1

1986 January - 1987 August, 1986 - 1987.

6 2

1988 January - November, 1988.

6 3

1989 January - November, 1989.

6 4

1990 October 29, 19990.

6 5

1992, 1992.

6 6

1994, 1994.

6 7

Legislation, 1985 - Undated.

Box Folder

House subcommittee meeting, 1985 July.

6 8

Trustee Expansion Legislation, 1985 November 18.

6 9

Bankruptcy Estate Administration, 1985 December 2.

6 10

Notes: trustee system vs. bankruptcy administration system, Undated.

6 11

Final Chapter 7 procedures, Undated.

6 12

Title 11 with amendments, Undated.

6 13

Documents, 1987-2005.

Box Folder

Debtor Lists, 1987 January - April.

6 14

Articles on inslaw, 1987 - 1988.

6 15

Articles on the Trustee System and its flaws, 1990 - 1994.

6 16

Case: St. Angelo v. Victoria Farms, 1994 May - November.

6 17

"Proposal to Abolish" trustees, 1996.

6 18

Memo of understanding, Bankruptcy Administrator, 2002 April.

6 19

Proposal to abolish trustee system, 2005 June.

6 20

Bankruptcy Appellate Pannel, 1985-1999.

Correspondence, 1988-1999.

Box Folder

with S. Derby, L. Kramer, and J. Weiss, 1988 - 1989.

7 1

Initial response to BAP idea and Federal Courts Study Committee, 1990.

7 2

Initiating BAPs, 4th Circuit and others, 1991.

7 3

Improving BAP and introducing legislation to make it mandatory, 1992 - 1993.

7 4

1994 January - December, 1994.

7 5

Extending BAP, 1995 January - March.

7 6

Survey and results: establishing BAP, and BAP in 4th Circuit, 1995 March.

7 7

Workshop for chief bankruptcy judges, 1995 March.

7 8

4th Circuit BAP establishment, 1995 April.

7 9

4th Ciruit BAP, 1995 May.

7 10

Implementing B.A.P., 1995 May.

8 1

June 1995, 1995 June.

8 2

Bankruptcy Administrators, 1996 - 1999.

8 3

Documents and Notes, 1988-2002 (Bulk, 1990-1995) .

Box Folder

Handwritten notes, 1988 - 2002.

8 4

Photocopied articles, 1990 - 1995.

8 5

Scholarly Articles, Undated.

8 6

Senate congressional record, 1985 December.

8 7

4th Circuit agenda/minutes.

8 8

National Conference of Bankruptcy Judges report to Federal Courts Study Committee, 1989 September.

8 9

"The 9th Ciruit's Experience" by Gordon Bermant, 1989.

8 10

9th Circuit B.A.P. report, Undated.

8 11

Report of the proceedings of the Judicial Conference of the U.S., 1990 September.

8 12

61st Judicial Conference, 1991 June.

8 13

Drafts of B.A.P. report to the 4th Circuit, Undated.

8 14

Report to 4th Ciruit to aid the establishment of B.A.P., 1995.

8 15

B.A.P. under H.R. 5116, 1995 February.

8 16

Report of the 4th Circuit Ad Hoc Committee, 1995 May.

8 17

5th Circuit Judicial Council resolution, 1995 June.

8 18

Statistics and notes, 1995.

8 19

House report 95-595, Undated.

8 20

List of judges, Undated.

8 21

Congressional Records, 1985-1992.

Box Folder

House and Senate records with notes 1985, 1985 March.

9 1

Family Farmer Act, 1985 June.

9 2

99th Congress full record, 1986.

9 3

S. 2249, Chapter 12, 1986 March.

9 4

Senate Record 1986, 1986 May.

9 5

H.R. 5316 (judgeships, trustees, family farmers), 1986 October.

9 6

Family farmer issues, 1987 February.

9 7

Extending Chapter 12, 1992 June.

9 8

National Conference of Bankruptcy Judges, 1988-2003.

Box Folder

Correspondence: scope and goals of the Long Range Planning Committee, 1988 November.

9 9

Ad Hoc L.R.P. Committee memos, 1989 - 2000.

9 10

Resolutions honoring past judges, 1999 October.

9 11

Final report from the Convention Advisory Committee, 2002.

9 12

Mid-year committee reports, 2003 March.

9 13

Correspondence: L.R.P. Topics, 2003 March.

9 14

Correspondence: Drafts of L.R.P., 2003 August - September.

9 15

Correspondence: website plan and scholarship proposal, 2003 October - December.

9 16

Recommendations and Report of the L.R.P. Committee, 2003 October 15.

9 17

Long Range Planning, 1991-2009.

Long Range Planning (LRP) Series Note

The Long Range Planning Committee of the United States Judicial Conference relied strongly on existing committees to submit advice; many of these committees fromed subcommittees to develop specialized long range plans. Judge Small participated in the Bankruptcy Committee's SubCommittee for Long Range Planning, which dealt with issues concerning Chapter 11, funding the bankruptcy system, Article III, and changes to the two-tier appeal system.

Correspondence, 1991-2009.

Box Folder

Beginning the L.R.P. process, 1991 - 1992.

10 1

Atlanta meeting and more, 1993.

10 2

First drafts, 1994.

10 3

Final recommendations and follow up, 1995.

10 4

Continuing L.R.P., 1997 January.

10 5

Continued L.R.P. and follow up, 2007 - 2009.

10 6

Bankruptcy Committee.

Box Folder

Contact Info, Undated.

10 7

Subcommittee on L.R.P. preliminary recommendations, Undated.

10 8

L.R.P. Subcommittee final report with notes, 1993 June.

10 9

Handwritten meeting notes, Undated.

11 1

Action agenda items B.3/C.2, 1993 January.

11 2

Agenda items B.5/C.3, 1993 June.

11 3

Agenda item B.3, 1994 June.

11 4

Action agenda item B.2/B.9, 1995 January.

11 5

Agenda items B.3/B.10/C.3, 1995 June.

11 6

Subcommittee L.R.P. outline, 2008 December.

11 7

Agenda items A.3/A.4/B.2, 2009 June.

11 8

Proposed drafts, 1994-1995.

Box Folder

Proposed draft for public comment, 1994 November.

11 9

Proposed draft for committee review, 1995 January.

11 10

Proposed draft for committee review, 1995 January.

11 11

Proposed draft submitted to Judicial Conference, 1995 March.

11 12

Background Information, 1992-2009.

Box Folder

Table of topics for committees, Undated.

12 1

Material from the National Conference of Bankruptcy Judges, Undated.

12 2

Format for judicial planning, Undated.

12 3

"Origins of the Elements of Federal Court Governance", 1992.

12 4

Subcommittee 3 reports, 1992 - 1993.

12 5

"Structural and other Alternatives for the Federal Court of Appeals", 1993.

12 6

Statements to the Long Range Planning Committee, 1994 December.

12 7

"Federal Court Governance", 1994.

12 8

Seminar information on Federal Court Governance, 1994 February.

12 9

Federal Judicial Rulemaking, 1996.

12 10

"Chapter 11 Venue Choice", 1997.

12 11

Report to Judicial Conference, Undated.

12 12

Bankruptcy venue issues, 2009.

12 13