In Your Cites – A Quick Refresher Of Common Legal Citations For Your Bankruptcy Practice

By Megan E. Craig, Bayer, Wishman & Leotta (Los Angeles, CA)

New law school graduates and thirty-year veteran practitioners alike can benefit from a quick refresher on proper Bluebooki citation. This article reviews proper use of basic case, statute, internet and book citations, including use of short form and signals. It is intended for use as a supplement to the Bluebookii for easy reference by practitioners.

I. Basic Case Citation

Basic case citation should follow the following format: case name underlined or italicized, volume number, reporter abbreviation, first page of case, and pinpoint followed by court and decision year in parentheses.

Pursuant to Table 1 of the Bluebookiii, bankruptcy courts are abbreviated as “Bankr.” followed by the abbreviation for the district and state. The Bankruptcy Reporter is referenced as “B.R.”, and the Bankruptcy Appellate Panels are abbreviated as “B.A.P.” followed by the circuit, all in parentheses.

BANKRUPTCY COURT:

Party Name v. Party Name, Vol # B.R. first page #, page # used (Bankr. District Abbrev. & State Abbrev. & Court Year).

Example: Jones v. Adams, 11 B.R. 254, 256 (Bankr. C.D. Cal. 2016).

BANKRUPTCY APPELLATE PANEL:

Party Name v. Party Name, Vol # B.R. (B.A.P. Circuit Abbrev. & Court Year).

Example: Jones v. Adams, 11 B.R. 254, 256 (B.A.P. 9th Cir. 2016).

CIRCUIT COURT DECISIONS:

Party Name v. Party Name, Vol # F.edition # +d page #, page # used (Circuit & Court Year)

Example: Jones v. Adams, 11 F.3d 254, 256 (9th Cir. 2016).

II. Party Names

To cite a case title:

1) Omit any given case names [Bluebook Rule 10.2.1(g)iv]

Example: John Adams becomes Adams.

2) Omit organizational designations apart from the first [Bluebook Rule 10.2.1(h)v]

Example: Adams Corp., Inc. becomes Adams Corp.

III. Basic Short Form Citations

Short form citations may be utilized once a case has already been fully cited. To cite a case in short form include:

  1. Case Name (underline/italicize and abbreviate per Bluebook Rule 10.2vi)
  2. Reporter Volume
  3. Reporter Abbreviation
  4. “at” Pinpoint citation to page referenced

Example: Adams, 11 F.3d at 257.

Alternatively, Id. may be used to cite a case that was just cited in the preceding sentence.

Example: Id. at 257.

IV. Citations to a Federal Statute

To cite a federal statute, include:

  1. Title number
  2. U.S.C. (per Table 1, the abbreviation for United States Code)
  3. § Section number and code year

Example: 11 U.S.C. § 108 (2015)

Note: If an unofficial code, such as West or LexisNexis is used, this reference precedes the publication year in parentheses. (See Bluebook Rule 12vii for more in-depth discussion of federal statute citations.)

V. Citations to a Book

To cite a book, include:

  1. Volume number (if multi-volume work)
  2. Author’s full name
  3. Book title (underlined or italicized)
  4. Page number
  5. Edition
  6. Publication year

Example: 4 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1006 (2d ed. 1987). (See Bluebook Rule 15viii for book citations.)

VI. Citations to Online-Only Sources

To cite to resources only available online, include the article title followed by the website link and date last visited in parentheses.

Example: BEN & JERRY’S HOMEMADE ICE CREAM, http://www.benjerry.com (last visited January 1, 2016). (See Bluebook Rule 18ix for online source citations.)

VII. Use of Signals

Proper use of signals depends on the purpose of which the authority is being used. If the authority is being used:

To Compare, Use:

  • E.g. – authority states the proposition.
  • Accord – authority refers to other authorities that state the proposition.
  • See – authority cites the proposition directly or in dicta.
  • See also – useful when authority provides additional support for a proposition, but less direct than “see” or accord.”
  • Cf. – literally means “compare.” A complete understanding may require further explanation.

To Contradict, Use:

  • Contra – directly states contrary proposition.
  • But See – supports contrary proposition.
  • But cf. – supports contrary proposition by analogy.

(See Bluebook Rule 1x to learn more about signals.)

Place the signal before the citation, and capitalize the beginning letter of the signal chosen and underline or italicize it. A comma allows precedes and follows an “E.g.” signal.

Example: See, E.g., Chandle v. State, 198 S.E.2d 289, 290 (Ga. 1973); State v. Enlow, 526 S.W.2d 533, 541 (Mo. Ct. App. 1976).

VIII. Clean Cites, Clean Repute

Proper use of case citation is exceedingly important in legal memoranda and court briefs to display care in one’s work product. Careless citations can easily distract a judge from the quality of an otherwise strong legal argument. Instead, use clean, consistent citations to show respect for the court and opposing counsel (who may need to utilize the case cites). Do not let unpolished citations tarnish your work product and reputation. Review this refresher regularly to keep quality work product within your cites!

________________________

[i] The Bluebook: A Uniform System of Citation (Columbia L. Rev. et al. eds., 20th ed. 2015) [hereinafter The Bluebook].

[ii] Id.

[iii] Id. at 235.

[iv] Id. at 99.

[v] Id. at 100.

[vi] Id. at 96.

[vii] Id. at 120-134.

[viii] Id. at 149-158

[ix] Id. at 178-189.

[x] Id. at 58-66

________________________

craig megan atty authorMegan Craig is an associate attorney at Los Angeles consumer bankruptcy law firm Bayer, Wishman & Leotta. An alumna of Southwestern Law School, Megan has a true passion for bankruptcy law that is reflected in her scholarly achievements as recipient of the Judge Barry Russell Federal Practice Award, American Bankruptcy Institute Medal of Excellence, and her externships with the U.S. Bankruptcy Court Central District Rules Committee and former Chief Judge Vincent P. Zurzolo. In addition to her academic achievements, she has 10 years of experience with reputable consumer bankruptcy law firms across the country. She is a frequent contributor to The Academy’s e-zine ConsiderChapter13.org.

No Author Biography has been linked to this Article.

Related Articles

July 24, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Wonk Alert This Part 2 wraps up some suggestions about how the parties to residential mortgages may avoid or minimize problems in the structuring and administration of these loans, with a discussion of subsection 1111(b) of Bankruptcy Code.1 This discussion may seem arcane, as indeed many experienced Chapter 11 practitioners...
Members
NBR cropped 2
May 14, 2023
Dear Readers: Want to know why your 1L Civ Pro course is your best friend when it comes to “undue hardship” cases?  Because burdens of proof matter.  (They matter in other cases, too, but I’m in love with the case of Love v. U.S. Dept. of Education (In re Love), Case No. 19-20532-C-7, United States Bankruptcy Court for the Eastern...
Members
justicedepartment
September 3, 2023
These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024.
hayes
January 28, 2024
Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?
Members
December 15, 2019
By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...
July 28, 2019
By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to take their car, foreclose on their...
April 4, 2021
The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...
January 24, 2021
By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of...
Members
June 2, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee If a Chapter 13 debtor does not list a creditor on the creditor matrix when filing the petition and makes no effort to provide supplemental notice to the creditor, the provisions of Rule 3002 allow the extension of time for the creditor to file a...
Members
Copy of Hildebrand-2016
September 18, 2022
Insurance proceeds generated due to a totaled car treated under the “hanging paragraph” of 1325(a) covers the entire claim; interest, however, is not recalculated even though it was a higher rate than the interest paid under the plan. (Hanan) In re Pagan, 638 B.R. 887 (Bankr. E.D. Wis. Jan. 24, 2022) Case Summary Bankruptcy judges have been overheard saying that...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: