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Judge Joe Lee 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

Joe Lee was born on June 24, 1925, in Pineville, Kentucky. He graduated from Bell County High School in 1943 and enlisted in the United States Army Air Corps where he served in the 8th Air Force in England during World War II. After returning from service, he received his undergraduate degree in journalism and his law degree (class of 1955) from the University of Kentucky. He went on to clerk for Judge James Milliken, Chief Justice of the Kentucky Court of Appeals, and for District Judge Hiram Church Ford in the Eastern District of Kentucky. Following these clerkships, Lee served as counsel to the Congressional Labor Subcommittee for the U.S. House of Representatives. The District Court for the Eastern District of Kentucky appointed Lee as the district's sole referee in bankruptcy on September 1, 1961.

Judge Lee served as president of the National Conference of Bankruptcy Judges (NCBJ) from 1973 to 1974 and as secretary of the NCBJ from 1979 to 1990. During his presidency, Lee co-authored the "Judges' Bill" which represented the NCBJ's position on bankruptcy reform and was an alternative to the bill drafted by the Commission on Bankruptcy Laws of the United States. These bills became the foundation for the Bankruptcy Reform Act of 1978, which established a functional, independent bankruptcy court.

Judge Lee often testified before congress on bankruptcy law reform. In the early 1980s, Lee advocated for Article III status for bankruptcy judges and continued to argue for this when congress instead passed the Bankruptcy Amendments and Federal Judgeship Act of 1984.

He was also active in bankruptcy organizations. He was a member of the National Bankruptcy Conference where he chaired the committee on individual debtors from 1982 to 1998. He was a Fellow of the American College of Bankruptcy in 1991. He also served as Editor-in-chief of The American Bankruptcy Law Journal from 1982 to 1990, and he authored many publications himself, including the 1981 Bankruptcy Practice Manual.

Judge Lee served as an Adjunct Professor at the University of Kentucky College of Law from 1972 to 1992. He was the Program Planning Chair in 1973 for the seminar on bankruptcy which was credited with starting the University of Kentucky's Continuing Legal Education program. In 1997, the seminar was renamed the "Judge Joe Lee Biennial Bankruptcy Institute." He was inducted into the College of Law Hall of Fame in June 1998.

Other honors recieved by Judge Lee include the Herbert M. Bierce Distinguished Judicial Service Award by the National Conference of Bankruptcy Judges; the American College of Bankruptcy's Distinguished Service Award; the Lawrence P. King Award for Excellence in the Field of Bankruptcy; and the Excellence in Education Award given by the Endowment for Education of the National Conference of Bankruptcy Judges for exceptional contributions in bankruptcy law education.

Judge Lee retired in the fall of 1997 but continued to serve on recall until his death in 2015, making him one of the longest serving bankruptcy judges in U.S. history.

The Judge Joe Lee Papers document Lee's involvement in bankruptcy organizations, his legislative activities, and his writings on bankruptcy law.

Series I: Bankruptcy Conferences and Committees, 1962-1998, contains correspondence, reports, and minutes from bankruptcy committees and associations that Joe Lee participated in. This includes minutes from American Bar Association committees as well as correspondence regarding legislation from the National Bankruptcy Conference. Also included is correspondence and minutes from the National Conference of Bankruptcy Judges (formerly the National Conference of Referees in Bankruptcy). A substantial amount of correspondence relates to bankruptcy legislation, primarily the Bankruptcy Reform Act of 1978. For related material, see Series II.

Series II: Bankruptcy Legislation, 1968-2001, contains bill drafts and critiques, correspondence with members of congress, correspondence between judges regarding legislative activities, and testimonies before congressional committees. The drafts of bills include annotations made by Joe Lee. A significant amount of the material relates to the Bankruptcy Reform Act of 1978. Also included is correspondence related to retirement bills, the Bankruptcy Amendment and Federal Judgeship Act of 1984, and the Bankruptcy Reform Act of 1994. Correspondence on legislation from the National Conference of Bankruptcy Judges can be found in Series I.

Series III: Writings, Research, and Seminars, 1961-2012, contains articles, speeches, collected resources on the history of bankruptcy law, and material from seminars. The articles and speeches are all written by Joe Lee unless otherwise specified. Included are articles for academic journals, op-eds, and position papers for conferences. The seminar material includes programs, correspondence, workshop outlines, and presentation notes.

The collection is arranged into the following series: Series I. Bankruptcy Conferences and Committees, 1962-1998; Series II. Bankruptcy Legislation, 1968-2001; Series III. Writings, Research, and Seminars, 1961-2012.

Received from Carole Pace Lee, 2016.

Processed by Elizabeth Wittrig, October 2022.

Publisher
University of Pennsylvania: Biddle Law Library
Finding Aid Author
Elizabeth Wittrig
Finding Aid Date
2022
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.

Collection Inventory

American Bar Association: Task Force on Revision of Bankruptcy Laws, 1976-1979.
Box 1 Folder 1-2
American Bar Association: Consumer Bankruptcy Committee, 1980-1982.
Box 1 Folder 3
American Bar Association: Consumer Bankruptcy Committee, 1983-1984.
Box 1 Folder 4
American Bar Association: Task Force on the Status of Bankruptcy Judges, background materials, 1976-1982.
Box 1 Folder 5
American Bar Association: Task Force on Bankruptcy Court Structure, 1991-1995.
Box 1 Folder 6
American Bar Association: Task Force on Bankruptcy Court Structure, 1994-1995.
Box 1 Folder 7
National Association of Referees in Bankruptcy: Annual dinner address by Earl Warren, 1962.
Box 1 Folder 8
National Conference of Referees in Bankruptcy (NCRB): Committee to Review Brookings Institution Study, 1965-1969.
Box 1 Folder 9
NCRB: Executive Committee response to Brookings Institution and paper by Joe Lee, 1971-1972.
Box 1 Folder 10
NCRB: Committee to Study Effects of Chapter XIII, 1966-1968.
Box 1 Folder 11
NCRB: Correspondence, 1965-1971.
Box 1 Folder 12
NCRB: Correspondence, 1972 January-March.
Box 1 Folder 13
NCRB: Correspondence, 1972 April-June.
Box 1 Folder 14
NCRB: Correspondence, 1972 August-December.
Box 2 Folder 1-2
NCRB: Correspondence, 1973.
Box 2 Folder 3
NCRB: Correspondence on Salary Commission, 1969-1970.
Box 2 Folder 4
NCRB: Correspondence on Salary Commission, 1971-1972.
Box 2 Folder 5
NCRB: Legislative Committee report and president's agenda, 1969.
Box 2 Folder 6
NCRB: Liaison Committee meeting with administrative office, 1970.
Box 2 Folder 7
NCRB: Meetings, 1970-1971.
Box 2 Folder 8
NCRB: Meetings, 1972.
Box 2 Folder 9
National Conference of Bankruptcy Judges (NCBJ): Committee on Legislation review of Commission's Bill, 1973 December.
Box 2 Folder 10
NCBJ: Committee on Legislation revised Judges' Bill, 1974 August 7.
Box 2 Folder 11-13
NCBJ: Correspondence on consolidating clerks' offices and memos from transitive period, 1975-1979.
Box 2 Folder 14
NCBJ: Correspondence on Endowment for Education grant, 1992.
Box 2 Folder 15
NCBJ: Correspondence on legislation, 1973-1974.
Box 2 Folder 16
NCBJ: Correspondence on legislation, 1974.
Box 2 Folder 17-18
NCBJ: Correspondence on legislation, 1975.
Box 3 Folder 1-3
NCBJ: Correspondence on legislation, 1976.
Box 3 Folder 4
NCBJ: Correspondence on legislation, 1977 January-April.
Box 3 Folder 5
NCBJ: Correspondence on legislation, 1977 April-December.
Box 3 Folder 6
NCBJ: Correspondence on legislation, campaign for H.R. 7330, 1977.
Box 3 Folder 7
NCBJ: Correspondence on legislation, Judicial Conference Ad Hoc Committee, 1977.
Box 3 Folder 8
NCBJ: Correspondence on legislation, 1978.
Box 3 Folder 9-10
NCBJ: Correspondence on legislation, 1979-1981.
Box 3 Folder 11
NCBJ: Correspondence on legislation, 1982-1983.
Box 3 Folder 12
NCBJ: Correspondence on legislation, 1984-1985.
Box 4 Folder 1
NCBJ: Correspondence on legislation, "Judicial Conference and Councils in the Sunshine Act", 1984.
Box 4 Folder 2
NCBJ: Meetings, 1974-1975.
Box 4 Folder 3
NCBJ: Meetings, 1976.
Box 4 Folder 4
NCBJ: Meetings, 1977.
Box 4 Folder 5
NCBJ: Meetings, 1978.
Box 4 Folder 6
NCBJ: Meetings, 1985-1986.
Box 4 Folder 7
NCBJ: Membership and Nominating Committees, 1976-1977.
Box 4 Folder 8
NCBJ: Mid-year educational program re: Northern Pipeline decision, 1984.
Box 4 Folder 9
NCBJ: Salary Commission and bills, 1974-1975.
Box 4 Folder 10
NCBJ: Salary Commission and bills, 1975.
Box 4 Folder 11
NCBJ: Salary Commission, 1976.
Box 4 Folder 12-13
National Bankruptcy Conference (NBC): Committee on Chapter XIII and Consumer Bankruptcy, 1970-1974.
Box 4 Folder 14
National Bankruptcy Conference: Committee on Chapter XIII and Consumer Bankruptcy, 1975-1976.
Box 4 Folder 15
National Bankruptcy Conference: Committees on Consumer Liquidation, 1984.
Box 4 Folder 16
National Bankruptcy Conference: Special Committee on Establishment of a Separate Court of Bankruptcy, 1970-1972.
Box 4 Folder 17
National Bankruptcy Conference: Special Committee on Insurance Companies and Foreign Banks, 1975.
Box 4 Folder 18
National Bankruptcy Conference: Liaison Committee meeting on single claim jurisdiction, 1973.
Box 4 Folder 19
National Bankruptcy Conference: Liaison Committee meeting with National Conference of Bankruptcy Judges, 1975-1976.
Box 4 Folder 20
National Bankruptcy Conference: Meetings and correspondence, 1971-1973.
Box 4 Folder 21
National Bankruptcy Conference: Meetings and correspondence, 1974.
Box 5 Folder 1-3
National Bankruptcy Conference: Meetings and correspondence, 1975.
Box 5 Folder 4
National Bankruptcy Conference: Meeting committee reports, 1975.
Box 5 Folder 5
National Bankruptcy Conference: Meetings and correspondence, 1976.
Box 5 Folder 6
National Bankruptcy Conference: Meetings and correspondence, 1977-1978.
Box 5 Folder 7-8
National Bankruptcy Conference: Meeting on Consumer Bankruptcy Bill, 1998.
Box 5 Folder 9

H.R. 10792 annotated drafts, 1973 October 9.
Box 5 Folder 10-12
Judges' Bill synopsis, 1974.
Box 5 Folder 13
Judges' Bill comparison with Commission Bill, 1974.
Box 5 Folder 14
Judges' Bill initial draft, 1974.
Box 5 Folder 15
Judges' Bill working draft, 1974.
Box 5 Folder 16
Judges' Bill working draft "fast and slow tracks", 1974.
Box 6 Folder 1
Judges' Bill working draft edits, 1974.
Box 6 Folder 2-6
Judges' Bill copy of bill as introduced, 1974 September.
Box 6 Folder 7
H.R. 16643 draft, 1974 September 12.
Box 6 Folder 8
H.R. 32 annotations, 1974 September 12.
Box 6 Folder 9
H.R. 31 and H.R. 32 annotations, 1975 January 14.
Box 6 Folder 10
H.R. 31 and H.R. 32 comparison with annotations, 1975 September 2.
Box 16 Folder 1
S. 235 and S. 236 drafts, 1974-1975.
Box 6 Folder 11
S. 235 annotations, 1975 January 17.
Box 6 Folder 12
Hearings before the Subcommittee on Improvements in Judicial Machinery on S. 235 and S. 236, 1975 February-March.
Box 6 Folder 13
Report and summary of Securities and Exchange Commission on S. 235 and S. 236, 1975 December 8.
Box 7 Folder 1
Statements and testimonies by Joe Lee on H.R. 32 and S. 235, 1975-1976.
Box 7 Folder 2
Statements and testimonies on H.R. 31 and H.R. 32, 1975-1976.
Box 7 Folder 3
Statements and testimonies on S. 235 and S. 236, 1975.
Box 7 Folder 4
Amendment re: new Chapter XVI, 1975 October-November.
Box 7 Folder 5
Proposed amendments, 1976 January-March.
Box 7 Folder 6
Proposed amendments, 1976 April-September.
Box 7 Folder 7
Proposed amendments, 1976 September-October.
Box 7 Folder 8
Subcommittee on Civil and Constitutional Rights discussion sessions on H.R. 31 and H.R. 32, 1976 October-November.
Box 7 Folder 9
Committee on Chapter XIII report, 1977 November-1978 January.
Box 7 Folder 10
H.R. 6 draft, 1977 January.
Box 7 Folder 11
H.R. 6 annotations, 1977 January 3-4.
Box 7 Folder 12-13
H.R. 6 annotations, 1977 March 21.
Box 7 Folder 14
H.R. 6 amendments to the amendment, 1977 March-April.
Box 7 Folder 15
H.R. 7330 annotations, 1977 May 23.
Box 8 Folder 1
Ad Hoc Committee on Bankruptcy Legislation reports, 1977.
Box 8 Folder 2
H.R. 8200 correspondence, 1977-1978.
Box 8 Folder 3
H.R. 8200 annotations, 1977 May-July.
Box 8 Folder 4
H.R. 8200 annotations, 1977 July-October.
Box 8 Folder 5-6
H.R. 8200 annotations, 1978 January-February.
Box 8 Folder 7
H.R. 8200 annotations, 1978 August-October.
Box 8 Folder 8-11
S. 2266 correspondence and critiques, 1978.
Box 8 Folder 12
H.R. 8200 and S. 2266 comparison (annotated committee print), 1978.
Box 8 Folder 13
S. 2266 draft, 1977 October.
Box 8 Folder 14
S. 2266 draft, 1977 October.
Box 9 Folder 1
S. 2266 amendments and discussion draft, 1978 January-March.
Box 9 Folder 2
S. 2266 drafts, 1978.
Box 9 Folder 3
S. 2266 amendment, 1978 May.
Box 9 Folder 4
Statements and testimonies by Joe Lee on S. 2266 and H.R. 8200, 1977.
Box 9 Folder 5
Statements and testimonies on H.R. 8200, 1977.
Box 9 Folder 6
Statements and testimonies on S. 2266, 1977.
Box 9 Folder 7
Dischargeability correspondence on S. 4247 and William Holts case, 1968-1971.
Box 9 Folder 8
Judges' salaries correspondence, 1975-1976.
Box 9 Folder 9
Judges' retirement bill (S. 1316) correspondence, 1968.
Box 9 Folder 10
Judges' retirement bills correspondence and drafts, 1974-1977.
Box 9 Folder 11
Judges' retirement bills correspondence and drafts, 1980-1981.
Box 9 Folder 12
History of proposals for bankruptcy judges' retirement bills, 1981.
Box 9 Folder 13
Judges' retirement bills correspondence, 1982-1983.
Box 9 Folder 14
Judges' retirement bills correspondence and drafts, 1986-1987.
Box 9 Folder 15
Judges' retirement bills drafts and reports, 1986-1987.
Box 10 Folder 1
Technical Amendments Act (S. 658) correspondence, 1979-1980.
Box 10 Folder 2
Technical Amendments Act (S. 658) reports and annotations, 1979-1980.
Box 10 Folder 3
Technical Amendments Act (S. 658) committee prints and drafts, 1979.
Box 10 Folder 4-5
Technical Amendments Act (S. 658) bill annotations and committee prints, 1979-1980.
Box 10 Folder 6-7
Judicial Conference report re: Northern Pipeline and Article III status, 1982.
Box 10 Folder 8-9
Northern Pipeline case and Article III status correspondence, 1982.
Box 10 Folder 10-11
Northern Pipeline case and Article III status correspondence, 1983 January-April.
Box 10 Folder 12
Northern Pipeline case and Article III status correspondence, 1983 May-June.
Box 10 Folder 13
Northern Pipeline case and Article III status correspondence, 1983 July-October.
Box 10 Folder 14
Northern Pipeline case and Article III status correspondence, 1983 November-December.
Box 11 Folder 1
Northern Pipeline case and Article III status correspondence, 1984.
Box 11 Folder 2-3
Bankruptcy Amendments correspondence re: registry funds, 1984-1985.
Box 11 Folder 4-5
H.R. 6978 bill annotations, 1982 August.
Box 11 Folder 6
Analysis of H.R. 3257, 1983.
Box 11 Folder 7
H.R. 5174 drafts, 1983-1984.
Box 11 Folder 8
Statements and testimonies by Joe Lee, 1981-1983.
Box 11 Folder 9
Statements and testimonies re: Northern Pipeline bankruptcy decision, 1981-1982 July.
Box 11 Folder 10
Statements and testimonies re: Northern Pipeline bankruptcy decision, 1982 August-1983.
Box 11 Folder 11
Statements and testimonies on Bankruptcy Reform Hearings, 1983 January 24.
Box 11 Folder 12
Consumer Bankruptcy Improvements (H.R. 1147) correspondence and drafts, 1981-1983.
Box 11 Folder 13
Consumer Debtor Act (H.R. 1800 and S. 1013) correspondence, 1983-1984.
Box 11 Folder 14
Kindness-Kastenmeier Bill (H.R. 3257) correspondence, 1983.
Box 12 Folder 1
Restructuring Judicial Administration bill proposed by Joe Lee, 1985.
Box 12 Folder 2
Family Farmer Bill correspondence and drafts, 1986.
Box 12 Folder 3
Bankruptcy rules correspondence re: Elcona case and Judicial Conference review, 1987.
Box 12 Folder 4
Article III status correspondence, 1989-1991.
Box 12 Folder 5
Article III status correspondence, 1991.
Box 12 Folder 6
Creation of Bankruptcy Commission (S. 1985) analysis of bill, 1991-1992.
Box 12 Folder 7
Correspondence re: repeat filings, 1997.
Box 12 Folder 8
Letters to congress re: consumer bankruptcy (H.R. 3150 and S. 1301), 1998.
Box 12 Folder 9-10
Letters to the Office of the President re: consumer bankruptcy (H.R. 3150 and S. 1301), 1998-1999.
Box 12 Folder 11
H.R. 3150 and H.R. 833 memo and position paper to the National Bankruptcy Conference, 1998-1999.
Box 12 Folder 12
Correspondence re: The NewsHour program and bankruptcy legislation misinformation, 1999 April-May.
Box 12 Folder 13
Correspondence with the American Bar Association re: H.R. 833 and S. 625, 1999.
Box 12 Folder 14
Letters to congress re: H.R. 833 and S. 625, 1999.
Box 12 Folder 15
Correspondence with Hillary Clinton re: the Bankruptcy Reform Act, 1999.
Box 12 Folder 16-17
Testimony by Joe Lee on H.R. 833, 1999.
Box 12 Folder 18
Letters to congress re: the Bankruptcy Reform Act, 2000-2001.
Box 12 Folder 19

"Bankruptcy Bill in the Balance" op-eds, 2001.
Box 13 Folder 1
"Bankruptcy Law: Modern Trends", 1969.
Box 13 Folder 2
"Banks Snooker Congress: Bankruptcy Reform", circa 2001.
Box 13 Folder 3
"The Changing Bankruptcy Process," University of Kentucky Law Journal drafts, 1977.
Box 13 Folder 4
"The Changing Image of the Bankruptcy Court: Tribunal or Sanctuary", 1967.
Box 13 Folder 5
"Chapter 13: Adjustment of Debts of an Individual with Regular Income", circa 1970s.
Box 13 Folder 6
"Chronology of Bankruptcy Legal History", 2001-2012.
Box 13 Folder 7
"A Critical Comparison of the Commission Bill and the Judges' Bill", 1974.
Box 13 Folder 8
"Evolution of the Judges' Bill: The Influence of NCBJ on the Bankruptcy Reform Act of 1978", circa 2001.
Box 13 Folder 9
"How We Get Where(ever) We Are Now" speech delivered at National Conference of Bankruptcy Judges annual meeting, 1997.
Box 13 Folder 10
"Legislative Commentary" speech for the Commercial Law League of America, 1984.
Box 13 Folder 11
Lexington Credit Men's Association speeches, 1961-1965.
Box 13 Folder 12
"Professionalism", circa 2005.
Box 13 Folder 13
"Working Group on Bankruptcy Court Structure" position paper, 1995.
Box 13 Folder 14
American Bankruptcy Law Journal article and correspondence, 1973, 1985.
Box 13 Folder 15
Pilot Project for Automation of Straight Bankruptcy and Research Grant Application, 1969-1970.
Box 13 Folder 16
Correspondence with Professor Medoff re: Indebted Society book, 1998.
Box 13 Folder 17
Research files on bankruptcy developments, 2009-2011.
Box 13 Folder 18
Research files: Burger, Warren correspondence and news clippings, 1973-1978.
Box 13 Folder 19
Research files: Burger, Warren correspondence and news clippings, 1978-1984.
Box 13 Folder 20
Research files: Burger, Warren correspondence and news clippings, 1984-1986.
Box 13 Folder 21
Research files: Burger, Warren correspondence and news clippings, 1996-2012.
Box 13 Folder 22
Research files: Commission on Bankruptcy Laws of the U.S. minutes, 1972, 1997.
Box 13 Folder 23
Research files: Commission on Bankruptcy Laws of the U.S. minutes, 1973, 1997.
Box 13 Folder 24
Research files: Commission on Bankruptcy Laws of the U.S. "Study and Analysis of Personal Bankruptcy in Rochester NY", 1973, 1997.
Box 13 Folder 25
Research files: History of bankruptcy law, collected resources, 1975.
Box 14 Folder 1
Research files: History of bankruptcy law, collected resources, 1978-1984.
Box 14 Folder 2
Research files: History of bankruptcy law, collected resources, 1986-1998.
Box 14 Folder 3
Research files: Senate hearings on H.R. 8046 (1938) photocopies, 1960s.
Box 14 Folder 4
Seminar for Referees in Bankruptcy (5th) and paper presented by Joe Lee, 1968.
Box 15 Folder 1
Seminar by Memphis State on Practice Under the Bankruptcy Reform Act of 1978, 1979 March.
Box 15 Folder 2
Seminar at the University of Kentucky on Federal Rules of Evidence, 1975 June.
Box 15 Folder 3
Seminar at the University of Kentucky and Workshop on Law of Debtor Relief, 1975 September.
Box 15 Folder 4
Seminar at the University of Kentucky on Commercial Law, 1976 February.
Box 15 Folder 5
Seminar at the University of Kentucky on Bankruptcy, 1979 August.
Box 15 Folder 6
"Uniform Consumer Credit Code Impact on the Bankruptcy Court" by Richard Matsch at the Regional Seminar for Bankruptcy Judges, 1969.
Box 15 Folder 7

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