28 USC 2075 - Bankruptcy rules

Editorial Notes

Amendments

2005—Puspan. L. 109–8 inserted at end “The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(span)(2)(C) of title 11 and may provide general rules on the content of such statement.”

1994—Puspan. 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—Puspan. 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 Amendment

Amendment by Puspan. 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 Puspan. L. 109–8, set out as a note under section 101 of Title 11.

Effective Date of 1994 Amendment

Amendment by Puspan. 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 Puspan. L. 103–394, set out as a note under section 101 of Title 11.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–598 effective Nov. 6, 1978, see section 402(d) of Puspan. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Rules Promulgated by Supreme Court

Puspan. 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(span) 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

Puspan. 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 Puspan. 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

Puspan. 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 Puspan. L. 95–598].”