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28 USC § 2075 - Bankruptcy rules

---
identifier: "/us/usc/t28/s2075"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2075 - Bankruptcy rules"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2075"
section_name: "Bankruptcy rules"
chapter_number: 131
chapter_name: "RULES OF COURTS"
part_number: "V"
part_name: "PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 88–623, § 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub. L. 95–598, title II, § 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103–394, title I, § 104(f), Oct. 22, 1994, 108 Stat. 4110; Pub. L. 109–8, title XII, § 1232, Apr. 20, 2005, 119 Stat. 202.)"
---

# § 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.section 707(b)(2)(C) of title 11

The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under  and may provide general rules on the content of such statement.

---

**Source Credit**: (Added Pub. L. 88–623, § 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub. L. 95–598, title II, § 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103–394, title I, § 104(f), Oct. 22, 1994, 108 Stat. 4110; Pub. L. 109–8, title XII, § 1232, Apr. 20, 2005, 119 Stat. 202.)

## Editorial Notes

### Amendments

2005— inserted at end “The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under  and may provide general rules on the content of such statement.”

1994— 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— 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 Amendment

Amendment by  effective 180 days after , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see , set out as a note under .

### Effective Date of 1994 Amendment

Amendment by  effective , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before , see , set out as a note under .

### Effective Date of 1978 Amendment

Amendment by  effective , see , set out as an Effective Date note preceding , Bankruptcy.

### Rules Promulgated by Supreme Court

> “The Supreme Court shall prescribe general rules implementing the practice and procedure to be followed under
> 
> , United States Code.
> 
> , United States Code, shall apply with respect to the general rules prescribed under this section.”

, , , provided that:

### Applicability of Rules to Cases Under Title 11

> “The rules prescribed under
> 
> of the United States Code and in effect on
> 
> , 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
> 
> ], until such rules are repealed or superseded by rules prescribed and effective under such section, as amended by section 248 [247] of this Act.”

, , , provided that:

### Additional Rulemaking Power

> “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
> 
> ].”

, , , provided that: