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 11The 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.
Pub. L. 88–623, § 178 Stat. 1001Pub. L. 95–598, title II, § 24792 Stat. 2672Pub. L. 103–394, title I, § 104(f)108 Stat. 4110Pub. L. 109–8, title XII, § 1232119 Stat. 202(Added , , ; amended , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 109–8section 707(b)(2)(C) of title 112005— 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.”
Pub. L. 103–3941994— 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.”
Pub. L. 95–5981978— 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
Pub. L. 109–8section 1501 of Pub. L. 109–8section 101 of Title 11Amendment 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
Pub. L. 103–394section 702 of Pub. L. 103–394section 101 of Title 11Amendment 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
Pub. L. 95–598section 402(d) of Pub. L. 95–598section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.
Rules Promulgated by Supreme Court
Pub. L. 98–353, title III, § 32098 Stat. 357
Applicability of Rules to Cases Under Title 11
Pub. L. 95–598, title IV, § 405(d)92 Stat. 2685
Additional Rulemaking Power
Pub. L. 95–598, title IV, § 41092 Stat. 2687