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A. Thomas Small papers
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Held at: University of Pennsylvania: Biddle Law Library [Contact Us]3460 Chestnut Street, Biddle Law Library, Philadelphia, PA 19104-3406
This is a finding aid. It is a description of archival material held at the University of Pennsylvania: Biddle Law Library. Unless otherwise noted, the materials described below are physically available in their reading room, and not digitally available through the web.
Overview and metadata sections
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.
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.
Subject
- Publisher
- University of Pennsylvania: Biddle Law Library
- Finding Aid Author
- Emma James
- Access Restrictions
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The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.
- Use Restrictions
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Copyright is retained by the authors of items in these papers, or their descendants, as stipulated by United States copyright law.
Collection Inventory
1982 , 1982.
Box 1
Folder 1
1983 February - July, 1983.
Box 1
Folder 2
1983 May 24: National Conference of Bankruptcy Judges regarding bankruptcy bills, 1983.
Box 1
Folder 3
1983 August - December, 1983.
Box 1
Folder 4
1984, 1984.
Box 1
Folder 5
1989: regarding Federal Courts Study Committee, 1989.
Box 1
Folder 6
1990 January 31: establishing bankruptcy appellate pannels, 1990.
Box 1
Folder 7
Undated correspondence, Undated.
Box 1
Folder 8
1982 newspaper articles.
Box 1
Folder 9
1983 newspaper clippings, 1983.
Box 1
Folder 10
1982 Articles, 1982.
Box 1
Folder 11
1983 Articles, 1983.
Box 1
Folder 12
1984 Articles, 1984.
Box 1
Folder 13
1984 newspaper articles: confusion in the bankruptcy system, 1984.
Box 1
Folder 14
Undated Article, Undated.
Box 1
Folder 15
Supreme Court pipeline syllabus, 1982.
Box 1
Folder 16
Judicial Conference resolution, 1982 September 23.
Box 1
Folder 17
"Bankruptcy Court Reorganization Act of 1983", 1983 January 31.
Box 1
Folder 18
National Conference on the Resolution of the Bankruptcy Crisis, 1983 February 10.
Box 1
Folder 19
Remarks of P. Rodino Jr. to Judicial Conference, 1983 September 21.
Box 1
Folder 20
Address of Hamilton Fish Jr. to National Conference of Bankruptcy Judges, 1983 October 11.
Box 1
Folder 21
"Life Under the Emergency Rule, and Thereafter", 1983 November 14.
Box 1
Folder 22
National Conference of Bankruptcy Judges result of survey, 1983.
Box 1
Folder 23
"Northern Pipeline Case" and its effects, Undated.
Box 1
Folder 24
Powers and jurisdiction of bankruptcy courts (post-pipeline), Undated.
Box 1
Folder 25
Additional documents, Undated.
Box 1
Folder 26
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.
To D. Anderson and S. Gerdano, 1985 November 5 - 22.
Box 2
Folder 1
From Ernest Wilkerson, 1985 November 19.
Box 2
Folder 2
with D. Anderson and S. Gerdano, 1985 December 11 - 17.
Box 2
Folder 3
with S. Gerdano, 1986 January 7 - 31.
Box 2
Folder 4
with H. Anderson, T. Boyle, E. Britt, and S. Gerdano, 1986 February - March .
Box 2
Folder 5
with M. Bromley, S. Gerdano, R. Kelley, and T. Moore, 1986 April - August.
Box 2
Folder 6
with J. Anderson, L. Davis, R. Lundin, L. Mecham, and T. Moore, 1986 September - December.
Box 2
Folder 7
with P. Ecker, C. Grassley, M. Howard, S. Jaqua, K. Lundin, and M. Synar, 1987 February - September.
Box 2
Folder 8
with D. Bradley, C. Matherson, D. Skoler, and L.C. Watson, 1988 January - October.
Box 2
Folder 9
from clerk of U.S. Bankruptcy Court, 1992 June 22.
Box 2
Folder 10
1999 - 2004 chapter 12 correspondence, 1999 - 2004.
Box 2
Folder 11
Notes to draft legislation 1, Undated.
Box 2
Folder 12
Notes to draft legislation 2, Undated.
Box 2
Folder 13
Norton Bankruptcy Law Advisor, Undated.
Box 3
Folder 1
"Family Farmers with Annual Income" by Judge Richard Stageman, Undated.
Box 3
Folder 2
Introducing the idea of Chapter 12, Undated.
Box 3
Folder 3
Local bankruptcy rules by state, Undated.
Box 3
Folder 4
"The Farmer and Chapters 7, 13, and 11", Undated.
Box 3
Folder 5
Research compiled by George C. Paine III, 1985 March 27.
Box 3
Folder 6
Miscellaneous notes, Undated.
Box 3
Folder 7
Remarks to Senate Subcommittee on Administrative Practice and Process, 1985 November 12.
Box 3
Folder 8
Notes: original draft of legislation, Undated.
Box 3
Folder 9
Bill draft 1 with comments, Undated.
Box 3
Folder 10
Bill draft 4, Undated.
Box 3
Folder 11
Bill draft 5 with notes, Undated.
Box 3
Folder 12
Additional draft of bill, Undated.
Box 3
Folder 13
Miscellaneous comments and changes to the bill, Undated.
Box 3
Folder 14
Senate Agriculture Bankruptcy Taskforce, 1986 February - March.
Box 3
Folder 15
Draft with notes from S. Gerdano, 1986 September 29.
Box 3
Folder 16
List of amendments, Undated.
Box 3
Folder 17
Proposed language with notes (Conference Report), 1986 September 18.
Box 3
Folder 18
Bill to amend Title 11, 1986 March 14.
Box 4
Folder 1
Proposed Language of Conference Report on H. R. 5316, 1986 October 1.
Box 4
Folder 2
H.R. 5316 and Reorganization Act with notes, 1986 April - August.
Box 4
Folder 3
Objections to Reorganization Act, 1986 April 17.
Box 4
Folder 4
"Family Farm Reorganization Act" by Thomas Moore, Undated.
Box 4
Folder 5
Comparison of House and Senate bills, 1986.
Box 4
Folder 6
Amendment suggestions, Undated.
Box 4
Folder 7
Title 11 of the U. S. Code with notes on Chapter 12 additions, Undated.
Box 4
Folder 8
Subcommittee hearing on H.R. 5322, 1992 June 24.
Box 4
Folder 9
Miscellaneous documents, Undated.
Box 4
Folder 10
Management and supervision of cases, 1986 November 21.
Box 4
Folder 11
Guidelines for attorneys, 1986 November 14.
Box 4
Folder 12
Chapter 12 guidelines, 1986 November 26.
Box 4
Folder 13
"Memoranda, Forms and Documents for Chapter 12 Cases", Undated.
Box 4
Folder 14
Case management materials, Undated.
Box 4
Folder 15
Local rules, Undated.
Box 4
Folder 16
Trustee guidelines, Undated.
Box 4
Folder 17
Trustee's Exhibits, Undated.
Box 4
Folder 18
Newsletters and newspapers, 1986.
Box 4
Folder 19
Farm bankruptcy articles 1, 1987 - 1989.
Box 4
Folder 20
Farm bankruptcy articles 2, 1990 - 1993.
Box 4
Folder 21
Travel Voucher, 1985 December 17.
Box 5
Folder 1
Meeting in Gerdano's office, 1986 September 19.
Box 5
Folder 2
Court documents, 1987 February - 1988 August.
Box 5
Folder 3
"Chapter 12 Issues" by Small for seminar, 1987 March 2 - 6.
Box 5
Folder 4
"Chapter 12" by Small, Undated.
Box 5
Folder 5
Teaching material, 1987 September.
Box 5
Folder 6
U.S. General Accounting Office breif: Issues Surrounding Chapter 12, 1989 May.
Box 5
Folder 7
Handbook for Chapter 12 Standing Trustees, 1989 December.
Box 5
Folder 8
In re Watford, 1990 April 28.
Box 5
Folder 9
Chapter 7 asset review procedures, 1993 February 4.
Box 5
Folder 10
Articles: Chapter 12 issues, 2005 - 2007.
Box 5
Folder 11
ABA satellite program interview, Undated.
Box 5
Folder 12
Miscellaneous pieces of documents, Undated.
Box 5
Folder 13
Bankruptcy Administration Series Note
This series specifically documents the creation of the Trustee system, and compares it to other systems of bankruptcy court refereeing.
1985 June 14, 1985.
Box 6
Folder 1
1986 January - 1987 August, 1986 - 1987.
Box 6
Folder 2
1988 January - November, 1988.
Box 6
Folder 3
1989 January - November, 1989.
Box 6
Folder 4
1990 October 29, 19990.
Box 6
Folder 5
1992, 1992.
Box 6
Folder 6
1994, 1994.
Box 6
Folder 7
House subcommittee meeting, 1985 July.
Box 6
Folder 8
Trustee Expansion Legislation, 1985 November 18.
Box 6
Folder 9
Bankruptcy Estate Administration, 1985 December 2.
Box 6
Folder 10
Notes: trustee system vs. bankruptcy administration system, Undated.
Box 6
Folder 11
Final Chapter 7 procedures, Undated.
Box 6
Folder 12
Title 11 with amendments, Undated.
Box 6
Folder 13
Debtor Lists, 1987 January - April.
Box 6
Folder 14
Articles on inslaw, 1987 - 1988.
Box 6
Folder 15
Articles on the Trustee System and its flaws, 1990 - 1994.
Box 6
Folder 16
Case: St. Angelo v. Victoria Farms, 1994 May - November.
Box 6
Folder 17
"Proposal to Abolish" trustees, 1996.
Box 6
Folder 18
Memo of understanding, Bankruptcy Administrator, 2002 April.
Box 6
Folder 19
Proposal to abolish trustee system, 2005 June.
Box 6
Folder 20
with S. Derby, L. Kramer, and J. Weiss, 1988 - 1989.
Box 7
Folder 1
Initial response to BAP idea and Federal Courts Study Committee, 1990.
Box 7
Folder 2
Initiating BAPs, 4th Circuit and others, 1991.
Box 7
Folder 3
Improving BAP and introducing legislation to make it mandatory, 1992 - 1993.
Box 7
Folder 4
1994 January - December, 1994.
Box 7
Folder 5
Extending BAP, 1995 January - March.
Box 7
Folder 6
Survey and results: establishing BAP, and BAP in 4th Circuit, 1995 March.
Box 7
Folder 7
Workshop for chief bankruptcy judges, 1995 March.
Box 7
Folder 8
4th Circuit BAP establishment, 1995 April.
Box 7
Folder 9
4th Ciruit BAP, 1995 May.
Box 7
Folder 10
Implementing B.A.P., 1995 May.
Box 8
Folder 1
June 1995, 1995 June.
Box 8
Folder 2
Bankruptcy Administrators, 1996 - 1999.
Box 8
Folder 3
Handwritten notes, 1988 - 2002.
Box 8
Folder 4
Photocopied articles, 1990 - 1995.
Box 8
Folder 5
Scholarly Articles, Undated.
Box 8
Folder 6
Senate congressional record, 1985 December.
Box 8
Folder 7
4th Circuit agenda/minutes.
Box 8
Folder 8
National Conference of Bankruptcy Judges report to Federal Courts Study Committee, 1989 September.
Box 8
Folder 9
"The 9th Ciruit's Experience" by Gordon Bermant, 1989.
Box 8
Folder 10
9th Circuit B.A.P. report, Undated.
Box 8
Folder 11
Report of the proceedings of the Judicial Conference of the U.S., 1990 September.
Box 8
Folder 12
61st Judicial Conference, 1991 June.
Box 8
Folder 13
Drafts of B.A.P. report to the 4th Circuit, Undated.
Box 8
Folder 14
Report to 4th Ciruit to aid the establishment of B.A.P., 1995.
Box 8
Folder 15
B.A.P. under H.R. 5116, 1995 February.
Box 8
Folder 16
Report of the 4th Circuit Ad Hoc Committee, 1995 May.
Box 8
Folder 17
5th Circuit Judicial Council resolution, 1995 June.
Box 8
Folder 18
Statistics and notes, 1995.
Box 8
Folder 19
House report 95-595, Undated.
Box 8
Folder 20
List of judges, Undated.
Box 8
Folder 21
House and Senate records with notes 1985, 1985 March.
Box 9
Folder 1
Family Farmer Act, 1985 June.
Box 9
Folder 2
99th Congress full record, 1986.
Box 9
Folder 3
S. 2249, Chapter 12, 1986 March.
Box 9
Folder 4
Senate Record 1986, 1986 May.
Box 9
Folder 5
H.R. 5316 (judgeships, trustees, family farmers), 1986 October.
Box 9
Folder 6
Family farmer issues, 1987 February.
Box 9
Folder 7
Extending Chapter 12, 1992 June.
Box 9
Folder 8
Correspondence: scope and goals of the Long Range Planning Committee, 1988 November.
Box 9
Folder 9
Ad Hoc L.R.P. Committee memos, 1989 - 2000.
Box 9
Folder 10
Resolutions honoring past judges, 1999 October.
Box 9
Folder 11
Final report from the Convention Advisory Committee, 2002.
Box 9
Folder 12
Mid-year committee reports, 2003 March.
Box 9
Folder 13
Correspondence: L.R.P. Topics, 2003 March.
Box 9
Folder 14
Correspondence: Drafts of L.R.P., 2003 August - September.
Box 9
Folder 15
Correspondence: website plan and scholarship proposal, 2003 October - December.
Box 9
Folder 16
Recommendations and Report of the L.R.P. Committee, 2003 October 15.
Box 9
Folder 17
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.
Beginning the L.R.P. process, 1991 - 1992.
Box 10
Folder 1
Atlanta meeting and more, 1993.
Box 10
Folder 2
First drafts, 1994.
Box 10
Folder 3
Final recommendations and follow up, 1995.
Box 10
Folder 4
Continuing L.R.P., 1997 January.
Box 10
Folder 5
Continued L.R.P. and follow up , 2007 - 2009.
Box 10
Folder 6
Contact Info, Undated.
Box 10
Folder 7
Subcommittee on L.R.P. preliminary recommendations, Undated.
Box 10
Folder 8
L.R.P. Subcommittee final report with notes, 1993 June.
Box 10
Folder 9
Handwritten meeting notes, Undated.
Box 11
Folder 1
Action agenda items B.3/C.2, 1993 January.
Box 11
Folder 2
Agenda items B.5/C.3, 1993 June.
Box 11
Folder 3
Agenda item B.3, 1994 June.
Box 11
Folder 4
Action agenda item B.2/B.9, 1995 January.
Box 11
Folder 5
Agenda items B.3/B.10/C.3, 1995 June.
Box 11
Folder 6
Subcommittee L.R.P. outline, 2008 December.
Box 11
Folder 7
Agenda items A.3/A.4/B.2, 2009 June.
Box 11
Folder 8
Proposed draft for public comment, 1994 November.
Box 11
Folder 9
Proposed draft for committee review, 1995 January.
Box 11
Folder 10
Proposed draft for committee review, 1995 January.
Box 11
Folder 11
Proposed draft submitted to Judicial Conference, 1995 March.
Box 11
Folder 12
Table of topics for committees, Undated.
Box 12
Folder 1
Material from the National Conference of Bankruptcy Judges, Undated.
Box 12
Folder 2
Format for judicial planning, Undated.
Box 12
Folder 3
"Origins of the Elements of Federal Court Governance", 1992.
Box 12
Folder 4
Subcommittee 3 reports, 1992 - 1993.
Box 12
Folder 5
"Structural and other Alternatives for the Federal Court of Appeals", 1993.
Box 12
Folder 6
Statements to the Long Range Planning Committee, 1994 December.
Box 12
Folder 7
"Federal Court Governance", 1994.
Box 12
Folder 8
Seminar information on Federal Court Governance, 1994 February.
Box 12
Folder 9
Federal Judicial Rulemaking, 1996.
Box 12
Folder 10
"Chapter 11 Venue Choice", 1997.
Box 12
Folder 11
Report to Judicial Conference, Undated.
Box 12
Folder 12
Bankruptcy venue issues, 2009.
Box 12
Folder 13