Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2075 Bankruptcy rules
Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 131— - RULES OF COURTS › § 2075
Summary
The Supreme Court must write general rules for forms and procedures in bankruptcy cases, including the specific form required by section 707(b)(2)(C) of title 11, and may set their basic content. The rules cannot change legal rights. Proposed rules go to Congress by May 1 of the effective year and cannot take effect before December 1 of that year unless another law allows it.
Full Legal Text
Title 28, §2075
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11. Such rules shall not abridge, enlarge, or modify any substantive right. The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under this section is to become effective a copy of the proposed rule. The rule shall take effect no earlier than December 1 of the year in which it is transmitted to Congress unless otherwise provided by law. The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 and may provide general rules on the content of such statement.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2005—Pub. L. 109–8 inserted at end “The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 and may provide general rules on the content of such statement.” 1994—Pub. L. 103–394 amended third par. generally. Prior to amendment, third par. read as follows: “Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May and until the expiration of ninety days after they have been thus reported.” 1978—Pub. L. 95–598 substituted “in cases under title 11” for “under the Bankruptcy Act” and struck out provisions directing that all laws in conflict with bankruptcy rules be of no further force or effect after such rules have taken effect.
Statutory Notes and Related Subsidiaries
Effective Date
of 2005 AmendmentAmendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such
Effective Date
, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.
Effective Date
of 1978 AmendmentAmendment by Pub. L. 95–598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95–598, set out as an
Effective Date
note preceding section 101 of Title 11, Bankruptcy. Rules Promulgated by Supreme Court Pub. L. 98–353, title III, § 320,
July 10, 1984, 98 Stat. 357, provided that: “The Supreme Court shall prescribe general rules implementing the practice and procedure to be followed under section 707(b) of title 11, United States Code. Section 2075 of title 28, United States Code, shall apply with respect to the general rules prescribed under this section.” Applicability of Rules to Cases Under Title 11 Pub. L. 95–598, title IV, § 405(d), Nov. 6, 1978, 92 Stat. 2685, provided that: “The rules prescribed under section 2075 of title 28 of the United States Code and in effect on
September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the
Amendments
made by this Act, or with this Act [see Tables for complete classification of Pub. L. 95–598], until such rules are repealed or superseded by rules prescribed and effective under such section, as amended by section 248 [247] of this Act.” Additional Rulemaking Power Pub. L. 95–598, title IV, § 410, Nov. 6, 1978, 92 Stat. 2687, provided that: “The Supreme Court may issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly
Transfer of Functions
and records and the orderly transition to the new bankruptcy court system created by this Act [see Tables for complete classification of Pub. L. 95–598].”
Reference
Citations & Metadata
Citation
28 U.S.C. § 2075
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73