GUIDELINES FOR DONATIONS TO THE
NATIONAL BANKRUPTCY ARCHIVES

The American College of Bankruptcy (College) values the preservation of all documents and materials concerning bankruptcy and insolvency having historical significance. Its recognition of the need to gather these historic materials in one place culminated in a collaboration between the College and the University of Pennsylvania Biddle Law Library (Law Library) in the formation of the National Bankruptcy Archives (NBA). These archives were established by the Law Library pursuant to an Agreement (Agreement) entered into between the College and the Law Library on March 18, 2000. The College Board of Directors assigned the task of preparing Guidelines for Donations to the NBA to the History/Archive Committee of the College which has collaborated with the Law Library in producing them.

Mail:
Special Collections Department
Biddle Law Library
3460 Chestnut Street
Philadelphia, PA 19104-3406

Guidelines for All Donations to the NBA posted November 2007

Organization Records Suitable for Transfer to the NBA

Important to the NBA’s archival collection are original, inactive records and materials that illustrate the purpose and policies of any organization whose activities have been in some way relevant to the history of bankruptcy and insolvency legislation, regulation and administrative and judicial determination or that relate to the activities of individuals who had an impact on this history. The College is an example of such an organization.

What is meant by "inactive," and when are copies of documents acceptable? Although archives normally contain only original documents, copies may be acceptable when the original is lost or when there is no chance that the original would ever be available to the NBA and the document is indisputably important. "Inactive" implies that records to be transferred to the NBA should no longer be used for routine business.

Ideally, related groups of materials should be transferred to the NBA together. Because the research value of records is diminished if items are removed or rearranged, records should not be weeded, discarded or rearranged before they are donated.

Examples of materials suitable for sending to the NBA by an organization, including the College, include:

Articles of incorporation or charters
Audio recordings
Budgets*
Bylaws and revisions
Clippings
Committee reports
Correspondence of officers, committee members and the Executive Director
Directories
Electronic records
Financial statements*
Handbooks
Legal documents
Memoranda
Minutes or transcripts of meetings
Membership lists
Motion picture films and videotapes
Multimedia assemblages
Newsletters and other publications generated by the organization
Organizational charts
Pamphlets, brochures, fliers, etc.
Photographs (labeled) or portraits
Planning documents
Press releases
Reports (annual, committee, etc.)
Research materials
Rosters
Scrapbooks
Speeches
Subject files
Tax returns*

* Access to certain records of an organization, records important to the completeness of the archives, may, by agreement with the donor, be limited.

Donations by Individuals to the NBA

In the collections of individuals who have been active in bankruptcy and insolvency practice or teaching and scholarship, there are materials very important to the NBA. Letters, diaries, unpublished writings, tape recordings, photos and other materials collected over the years give vital and unique perspectives. Often they illuminate the history of specific events or societal trends, as well as the financial and cultural history of the bankruptcy and insolvency community.

The NBA welcomes donations as small as a single item or as large as dozens of boxes. Materials need not be "old" and need not be organized. In fact, individual donors and/or their

families should be advised that the importance of the materials is often diminished if items are removed or rearranged. There may be historical value in the way an individual’s papers were arranged.

Examples of historically valuable materials in the collections of individuals include but are not limited to:

Audio recordings
Brochures and flyers
Business records
Diaries
Electronic records
Files relating to an individual’s civic, business, professional organization, religious, political and social activities
Films and videos (Labeled)
Genealogical information
Legal documents
Letters
Memoirs/reminiscences
Memoranda
Minutes/reports
Multimedia assemblages
Photographs (Labeled)
Professional papers
Research materials
Scrapbooks, photo albums
Speeches/lectures
Subject files

Ownership of Materials Placed in the NBA

Transfer of ownership to the NBA of materials deposited with it is optimum. Attached to these Guidelines, as Appendix B (Acrobat/PDF file), are copies of two forms for use by donors of materials to the NBA. It is hoped that most donors will use the "Deed of Gift" form. However, donors unable or unwilling to gift the materials may use the form establishing a custody arrangement and assigning copyright interests to the Law Library in so far as that is possible. Neither a gift nor a consignment of materials to the NBA can be effective without the acceptance signature of the Library Director or a designated archivist.

Sensitive material may exist in records transferred to the NBA by the College or by other organizations or individuals. In order to protect the privacy of living individuals or for other good cause, restrictions on access to portions of collections may be necessary. The NBA will work with donors of such materials to establish appropriate restrictions or time limitations with a preference for distinct periods of time. If the Law Library, in processing materials contributed to the NBA by the College or other organizations or individuals, notes especially personal or potentially embarrassing content, that content shall be brought to the attention of the College or other donor for review. The College or other donor may request return of that material with any expenses associated with the return born by the donor.

Copyright

Assignment of copyright in donated materials can be a complex matter. The donor should discuss issues of copyright ownership with the Law Library prior to completing any donor agreement. Generally, copyright belongs to the creator of writings and other original materials, but can be legally transferred to others. Moreover, ownership of copyright is separable from the ownership of the physical item (such as a letter or photo). For this reason, the Law Library for the NBA, like other professional archives, normally requests that donors donate not only the physical papers or other materials but also any copyright in them that the donor has. This practice facilitates the use and quotation of archival materials by researchers at the NBA.

Tax Deductions

Those organizations and individuals donating materials to the NBA and interested in seeking a possible tax deduction, will be solely responsible for arranging for and bearing the cost associated with obtaining such a deduction, including attorney or appraiser fees.

Access to the NBA Collection

Generally, the written policies of the Law Library regarding availability, photoduplication and publication govern access to the materials in the NBA. A copy of the current policy is attached as Appendix C to these Guidelines.

APPENDIX A

An organization’s institutional memory is in its records. The College values the preservation of its heritage and its place in the history of bankruptcy and insolvency and is committed to saving the original letters, minutes, reports, photographs, publications and other documents that officers, members, directors, employees, or volunteers have produced over the years. These documents will provide unique testimony to the achievements of the College and its members.

Placement of materials in the NBA is not exclusively within the purview of the College. The Agreement between the College and the Law Library envisioned that individuals and organizations should be encouraged to donate relevant materials directly to the Law Library for inclusion in the NBA. The College will assist the Law Library in the building of the NBA by soliciting donations of materials from individuals and other organizations.

The College, through its Chair, President and Board of Directors, shall create a permanent Committee on the National Bankruptcy Archives through which the College will fulfill its responsibilities under these Guidelines and pursuant to the College’s Agreement with the Trustees of the University of Pennsylvania acting through the Law Library of the University of Pennsylvania (effective March 2000).

The purpose of this Committee shall be to act as the liaison between the College and the Law Library in order to facilitate the building of the NBA.

The membership of this Committee shall be determined by the Chair and the President of the College; the President shall designate the Chair of the Committee. Appointment to this Committee should take into consideration diversity, including geographical diversity.

After the Committee on the National Bankruptcy Archives has been constituted, it shall establish times to meet and shall file written reports of its activities at the mid-year and annual meetings of the College Board of Directors. The Committee shall make specific proposals to the Board regarding the donation of College records to the NBA. Those written recommendations shall be transmitted, for approval, to the Chair, President and Board of Directors no later than the next regularly scheduled Board meeting after the Committee convenes for the purpose of making these recommendations. The Committee shall also report to the Board concerning donations to the NBA that it has either solicited or received.

The Committee on the National Bankruptcy Archives will look solely to the College Board of Directors and/or any Endowment formed by the College for its funding and requests for funding will be made in writing in compliance with the College rules governing funding requests.

APPENDIX B

APPENDIX C

The Department of Special Collections and the Rare Books and Archives Reading Room are located on the second floor of Tanenbaum Hall. Rare books, archives, and manuscript collections are available for research from 9:00 to 5:00, Monday through Friday. Researchers may walk in to use the collections any time the department is open, but all books and documents must be retrieved by librarians and used only in the reading room. All patrons must fill in a sign-in sheet that asks for the patron's name, address, phone number, affiliation, and the materials requested. All note-taking must be done in pencil or on a computer.

Since at the present time most of the rare book titles are not in the library's on-line catalog, researchers may make their visits more productive by phoning, faxing, or e-mailing ahead to make sure the library has what they need. Paper and electronic finding aids are available for the archives and manuscripts collections. Researchers requiring extensive use of the American Law Institute Archives, the National Bankruptcy Archives or the National Conference of Commissioners on Uniform State Laws Archives are also encouraged to make arrangements in advance by writing, phoning, faxing, or e-mailing the Department.

Permission to make copies is granted on a case by case basis, depending on the condition of the particular item, and most copying will be done by the Special Collections staff. The price for copies is the same as it is in the rest of the library. Certain collections require the patron to fill out a separate "Copying Request" form, and have their own pricing schedule. The Special Collections staff will inform patrons about these and any specific requirements or restrictions for the use of any of the collections.

The Special Collections Department may be reached by the following: