§ 2075. — Bankruptcy rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2075]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 131--RULES OF COURTS
Sec. 2075. Bankruptcy rules
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.
(Added Pub. L. 88-623, Sec. 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub.
L. 95-598, title II, Sec. 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103-
394, title I, Sec. 104(f), Oct. 22, 1994, 108 Stat. 4110.)
Amendments
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.
Effective Date of 1994 Amendment
Amendment 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 Amendment
Amendment 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, Sec. 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, Sec. 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 of this Act.''
Additional Rulemaking Power
Pub. L. 95-598, title IV, Sec. 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].''
Section Referred to in Other Sections
This section is referred to in section 2073 of this title.
