Rule 9005.1
Constitutional Challenge to a Statute—Notice, Certification, and Intervention
GENERAL PROVISIONS
Rule Text
Fed. R. Civ. P. 5.1 applies in a bankruptcy case.
Plain-English Summary (for reference only — not a substitute for the rule text above)
When someone in a bankruptcy case argues that a law is unconstitutional, the same rules that apply in regular federal civil cases also apply in bankruptcy court.
This means the person making the constitutional challenge must notify the government about it. If the challenge is to a federal law, the U.S. Attorney General must be notified. If it is a state law, the state's attorney general must be notified. The government then has the right to step into the case to defend the law if it chooses to.
Summary generated March 09, 2026
Committee Notes
Committee Notes on Rules—2007
The rule is added to adopt the new rule added to the Federal Rules of Civil Procedure. The new Civil Rule replaces Rule 24(c) F. R. Civ. P., so the cross reference to Civil Rule 24 contained in Rule 7024 is no longer sufficient to bring the provisions of new Civil Rule 5.1 into adversary proceedings. This rule also makes Civil Rule 5.1 applicable to all contested matters and other proceedings within the bankruptcy case.
Changes After Publication. No changes were made after publication.
Committee Notes on Rules—2024 Amendment
The language of Rule 9005.1 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
References in Text
The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
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