§ 110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Bankruptcy Reform Act of 1994

   Pub. L. 103–394 title III § 308(a) · 108 Stat. 4106

   Enacted · 11 U.S.C. § 110

   Added Pub. L. 103–394, title III, § 308(a), Oct. 22, 1994, 108 Stat. 4135

   Source evidence

   Code source credit
   Added Pub. L. 103–394, title III, § 308(a), Oct. 22, 1994, 108 Stat. 4135

   Enacted provision · exact public law section
   (a) Amendment of Chapter 1.— Chapter 1 of title 11, United States Code, is amended by adding at the end the following: “§110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions “(a) In this section— “(1) ‘bankruptcy petition preparer’ means a person, other than an attorney or an employee of an attorney, who prepares for compensation a document for filing; and “(2) ‘document for filing’ means a petition or any other document prepared for filing by a debtor in a United States bankruptcy court or a United States district court in connection with a case under this title. “(b) (1) A bankruptcy petition preparer who prepares a document for filing shall sign the document and print on the document the preparer’s name and address. “(2) A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause. “(c) (1) A bankruptcy petition preparer who prepares a document for filing shall place on the document, after the preparer’s signature, an identifying number that identifies individuals who prepared the document. “(2) For purposes of this section, the identifying number of a bankruptcy petition preparer shall be the Social Security account number of each individual who prepared the document or assisted in its preparation. “(3) A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause. “(d) (1) A bankruptcy petition preparer shall, not later than the time at which a document for filing is presented for the debtor’s signature, furnish to the debtor a copy of the document. “(2) A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause. “(e) (1) A bankruptcy petition preparer shall not execute any document on behalf of a debtor. “(2) A bankruptcy petition preparer may be fined not more than $500 for each document executed in violation of paragraph (1). “(f) (1) A bankruptcy petition preparer shall not use the word ‘legal’ or any similar term in any advertisements, or advertise under any category that includes the word ‘legal’ or any similar term. “(2) A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1). “(g) (1) A bankruptcy petition preparer shall not collect or receive any payment from the debtor or on behalf of the debtor for the court fees in connection with filing the petition. “(2) A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1). “(h) (1) Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a declaration under penalty of perjury disclosing any fee received from or on behalf of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to the debtor. “(2) The court shall disallow and order the immediate turnover to the bankruptcy trustee of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the documents prepared. An individual debtor may exempt any funds so recovered under section 522(b). “(3) The debtor, the trustee, a creditor, or the United States trustee may file a motion for an order under paragraph (2). “(4) A bankruptcy petition preparer shall be fined not more than $500 for each failure to comply with a court order to turn over funds within 30 days of service of such order. “(i) (1) If a bankruptcy case or related proceeding is dismissed because of the failure to file bankruptcy papers, including papers specified in section 521(1) of this title, the negligence or intentional disregard of this title or the Federal Rules of Bankruptcy Procedure by a bankruptcy petition preparer, or if a bankruptcy petition preparer violates this section or commits any fraudulent, unfair, or deceptive act, the bankruptcy court shall certify that fact to the district court, and the district court, on motion of the debtor, the trustee, or a creditor and after a hearing, shall order the bankruptcy petition preparer to pay to the debtor— “(A) the debtor’s actual damages; “(B) the greater of— “(i) $2,000; or “(ii) twice the amount paid by the debtor to the bankruptcy petition preparer for the preparer’s services; and “(C) reasonable attorneys’ fees and costs in moving for damages under this subsection. “(2) If the trustee or creditor moves for damages on behalf of the debtor under this subsection, the bankruptcy petition preparer shall be ordered to pay the movant the additional amount of $1,000 plus reasonable attorneys’ fees and costs incurred. “(j) (1) A debtor for whom a bankruptcy petition preparer has prepared a document for filing, the trustee, a creditor, or the United States trustee in the district in which the bankruptcy petition preparer resides, has conducted business, or the United States trustee in any other district in which the debtor resides may bring a civil action to enjoin a bankruptcy petition preparer from engaging in any conduct in violation of this section or from further acting as a bankruptcy petition preparer. “(2) (A) In an action under paragraph (1), if the court finds that— “(i) a bankruptcy petition preparer has— “(I) engaged in conduct in violation of this section or of any provision of this title a violation of which subjects a person to criminal penalty; “(II) misrepresented the preparer’s experience or education as a bankruptcy petition preparer; or “(III) engaged in any other fraudulent, unfair, or deceptive conduct; and “(ii) injunctive relief is appropriate to prevent the recurrence of such conduct, the court may enjoin the bankruptcy petition preparer from engaging in such conduct. “(B) If the court finds that a bankruptcy petition preparer has continually engaged in conduct described in subclause (I), (II), or (III) of clause (i) and that an injunction prohibiting such conduct would not be sufficient to prevent such person’s interference with the proper administration of this title, or has not paid a penalty imposed under this section, the court may enjoin the person from acting as a bankruptcy petition preparer. “(3) The court shall award to a debtor, trustee, or creditor that brings a successful action under this subsection reasonable attorney’s fees and costs of the action, to be paid by the bankruptcy petition preparer. “(k) Nothing in this section shall be construed to permit activities that are otherwise prohibited by law, including rules and laws that prohibit the unauthorized practice of law.”.

2. 2005

   Pub. L. 109–8 § 221(1) · 119 Stat. 23

   Substituted · 11 U.S.C. § 110(a)(1)

   Pub. L. 109–8, § 221(1), substituted “for the debtor or an employee of such attorney under the direct supervision of such attorney” for “or an employee of an attorney”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–8, § 221(1), substituted “for the debtor or an employee of such attorney under the direct supervision of such attorney” for “or an employee of an attorney”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by striking “or an employee of an attorney” and inserting “for the debtor or an employee of such attorney under the direct supervision of such attorney”;

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

3. 2005

   Pub. L. 109–8 § 221(2)(A) · 119 Stat. 23

   1. Inserted · 11 U.S.C. § 110(b)(1)

      Pub. L. 109–8, § 221(2)(A), inserted at end “If a bankruptcy petition preparer is not an individual, then an officer, principal, responsible person, or partner of the bankruptcy petition preparer shall be required to—”

   2. Added · 11 U.S.C. § 110(b)(1)

      Pub. L. 109–8, § 221(2)(A), added subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–8, § 221(2)(A), inserted at end “If a bankruptcy petition preparer is not an individual, then an officer, principal, responsible person, or partner of the bankruptcy petition preparer shall be required to—” and added subpars. (A) and (B).

   Enacted provision · exact public law section
   (A) in paragraph (1), by adding at the end the following: “If a bankruptcy petition preparer is not an individual, then an officer, principal, responsible person, or partner of the bankruptcy petition preparer shall be required to— “(A) sign the document for filing; and “(B) print on the document the name and address of that officer, principal, responsible person, or partner.” ; and

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

4. 2005

   Pub. L. 109–8 § 221(2)(B) · 119 Stat. 23

   1. Added · 11 U.S.C. § 110(b)(2)

      Pub. L. 109–8, § 221(2)(B), added par. (2)

   2. Struck · 11 U.S.C. § 110(b)(2)

      Pub. L. 109–8, § 221(2)(B), struck out former par. (2) which read as follows: “A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 109–8, § 221(2)(B), added par. (2) and struck out former par. (2) which read as follows: “A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause.”

   Enacted provision · exact public law section
   (B) by striking paragraph (2) and inserting the following: “(2) (A) Notices. Before preparing any document for filing or accepting any fees from a debtor, the bankruptcy petition preparer shall provide to the debtor a written notice which shall be on an official form prescribed by the Judicial Conference of the United States in accordance with rule 9009 of the Federal Rules of Bankruptcy Procedure. “(B) The notice under subparagraph (A)— “(i) shall inform the debtor in simple language that a bankruptcy petition preparer is not an attorney and may not practice law or give legal advice; “(ii) may contain a description of examples of legal advice that a bankruptcy petition preparer is not authorized to give, in addition to any advice that the preparer may not give by reason of subsection (e)(2); and “(iii) shall— “(I) be signed by the debtor and, under penalty of perjury, by the bankruptcy petition preparer; and “(II) be filed with any document for filing.” ;

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

5. 2005

   Pub. L. 109–8 § 221(3)(A) · 119 Stat. 23

   1. Amended · 11 U.S.C. § 110(c)(2)

      Pub. L. 109–8, § 221(3)(A), designated existing provisions as subpar. (A)

   2. Substituted · 11 U.S.C. § 110(c)(2)

      Pub. L. 109–8, § 221(3)(A), substituted “Subject to subparagraph (B), for purposes” for “For purposes”

   3. Added · 11 U.S.C. § 110(c)(2)

      Pub. L. 109–8, § 221(3)(A), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 109–8, § 221(3)(A), designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), for purposes” for “For purposes”, and added subpar. (B).

   Enacted provision · exact public law section
   (A) in paragraph (2)— (i) by striking “(2) For purposes” and inserting “(2)(A) Subject to subparagraph (B), for purposes”; and (ii) by adding at the end the following: “(B) If a bankruptcy petition preparer is not an individual, the identifying number of the bankruptcy petition preparer shall be the Social Security account number of the officer, principal, responsible person, or partner of the bankruptcy petition preparer.” ; and

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

6. 2005

   Pub. L. 109–8 § 221(3)(B) · 119 Stat. 23

   Struck · 11 U.S.C. § 110(c)(3)

   Pub. L. 109–8, § 221(3)(B), struck out par. (3) which read as follows: “A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause.”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 109–8, § 221(3)(B), struck out par. (3) which read as follows: “A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause.”

   Enacted provision · exact public law section
   (B) by striking paragraph (3);

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

7. 2005

   Pub. L. 109–8 § 221(4) · 119 Stat. 23

   1. Struck · 11 U.S.C. § 110(d)

      Pub. L. 109–8, § 221(4), struck out par. (1) designation before “A bankruptcy petition preparer shall”

   2. Struck · 11 U.S.C. § 110(d)

      Pub. L. 109–8, § 221(4), struck out par. (2) which read as follows: “A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–8, § 221(4), struck out par. (1) designation before “A bankruptcy petition preparer shall” and struck out par. (2) which read as follows: “A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause.”

   Enacted provision · exact public law section
   (4) in subsection (d)— (A) by striking “(d)(1)” and inserting “(d)”; and (B) by striking paragraph (2);

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

8. 2005

   Pub. L. 109–8 § 221(5) · 119 Stat. 23

   1. Added · 11 U.S.C. § 110(e)(2)

      Pub. L. 109–8, § 221(5), added par. (2)

   2. Struck · 11 U.S.C. § 110(e)(2)

      Pub. L. 109–8, § 221(5), struck out former par. (2) which read as follows: “A bankruptcy petition preparer may be fined not more than $500 for each document executed in violation of paragraph (1).”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 109–8, § 221(5), added par. (2) and struck out former par. (2) which read as follows: “A bankruptcy petition preparer may be fined not more than $500 for each document executed in violation of paragraph (1).”

   Enacted provision · exact public law section
   (5) in subsection (e)— (A) by striking paragraph (2); and (B) by adding at the end the following: “(2) (A) A bankruptcy petition preparer may not offer a potential bankruptcy debtor any legal advice, including any legal advice described in subparagraph (B). “(B) The legal advice referred to in subparagraph (A) includes advising the debtor— “(i) whether— “(I) to file a petition under this title; or “(II) commencing a case under chapter 7, 11, 12, or 13 is appropriate; “(ii) whether the debtor’s debts will be discharged in a case under this title; “(iii) whether the debtor will be able to retain the debtor’s home, car, or other property after commencing a case under this title; “(iv) concerning— “(I) the tax consequences of a case brought under this title; or “(II) the dischargeability of tax claims; “(v) whether the debtor may or should promise to repay debts to a creditor or enter into a reaffirmation agreement with a creditor to reaffirm a debt; “(vi) concerning how to characterize the nature of the debtor’s interests in property or the debtor’s debts; or “(vii) concerning bankruptcy procedures and rights.” ;

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

9. 2005

   Pub. L. 109–8 § 221(6) · 119 Stat. 23

   1. Struck · 11 U.S.C. § 110(f)

      Pub. L. 109–8, § 221(6), struck out par. (1) designation before “A bankruptcy petition preparer shall not”

   2. Struck · 11 U.S.C. § 110(f)

      Pub. L. 109–8, § 221(6), struck out par. (2) which read as follows: “A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1).”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–8, § 221(6), struck out par. (1) designation before “A bankruptcy petition preparer shall not” and struck out par. (2) which read as follows: “A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1).”

   Enacted provision · exact public law section
   (6) in subsection (f)— (A) by striking “(f)(1)” and inserting “(f)”; and (B) by striking paragraph (2);

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

10. 2005

    Pub. L. 109–8 § 221(7) · 119 Stat. 23

    1. Struck · 11 U.S.C. § 110(g)

       Pub. L. 109–8, § 221(7), struck out par. (1) designation before “A bankruptcy petition preparer shall not”

    2. Struck · 11 U.S.C. § 110(g)

       Pub. L. 109–8, § 221(7), struck out par. (2) which read as follows: “A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1).”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–8, § 221(7), struck out par. (1) designation before “A bankruptcy petition preparer shall not” and struck out par. (2) which read as follows: “A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1).”

    Enacted provision · exact public law section
    (7) in subsection (g)— (A) by striking “(g)(1)” and inserting “(g)”; and (B) by striking paragraph (2);

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

11. 2005

    Pub. L. 109–8 § 221(8)(B) · 119 Stat. 23

    Redesignated · 11 U.S.C. § 110(h)(1)

    Pub. L. 109–8, § 221(8)(B), added par. (1). Former par. (1) redesignated (2)

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 109–8, § 221(8)(B), added par. (1). Former par. (1) redesignated (2).

    Enacted provision · exact public law section
    (B) by inserting before paragraph (2), as so redesignated, the following: “(1) The Supreme Court may promulgate rules under section 2075 of title 28, or the Judicial Conference of the United States may prescribe guidelines, for setting a maximum allowable fee chargeable by a bankruptcy petition preparer. Notification. A bankruptcy petition preparer shall notify the debtor of any such maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor.” ;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

12. 2005

    Pub. L. 109–8 § 221(8)(A) · 119 Stat. 23

    1. Redesignated · 11 U.S.C. § 110(h)(2)

       Pub. L. 109–8, § 221(8)(A), (C), redesignated par. (1) as (2)

    2. Substituted · 11 U.S.C. § 110(h)(2)

       Pub. L. 109–8, § 221(8)(A), (C), substituted “A” for “Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a”

    3. Inserted · 11 U.S.C. § 110(h)(2)

       Pub. L. 109–8, § 221(8)(A), (C), inserted “by the bankruptcy petition preparer shall be filed together with the petition,” after “perjury”

    4. Redesignated · 11 U.S.C. § 110(h)(2)

       Pub. L. 109–8, § 221(8)(A), (C), inserted at end “If rules or guidelines setting a maximum fee for services have been promulgated or prescribed under paragraph (1), the declaration under this paragraph shall include a certification that the bankruptcy petition preparer complied with the notification requirement under paragraph (1).” Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 109–8, § 221(8)(A), (C), redesignated par. (1) as (2), substituted “A” for “Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a”, inserted “by the bankruptcy petition preparer shall be filed together with the petition,” after “perjury”, and inserted at end “If rules or guidelines setting a maximum fee for services have been promulgated or prescribed under paragraph (1), the declaration under this paragraph shall include a certification that the bankruptcy petition preparer complied with the notification requirement under paragraph (1).” Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

13. 2005

    Pub. L. 109–8 § 221(8)(D) · 119 Stat. 23

    1. Added · 11 U.S.C. § 110(h)(3)

       Pub. L. 109–8, § 221(8)(D), added par. (3)

    2. Struck · 11 U.S.C. § 110(h)(3)

       Pub. L. 109–8, § 221(8)(D), struck out former par. (3) which read as follows: “The court shall disallow and order the immediate turnover to the bankruptcy trustee of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the documents prepared. An individual debtor may exempt any funds so recovered under section 522(b).”

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 109–8, § 221(8)(D), added par. (3) and struck out former par. (3) which read as follows: “The court shall disallow and order the immediate turnover to the bankruptcy trustee of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the documents prepared. An individual debtor may exempt any funds so recovered under section 522(b).”

    Enacted provision · exact public law section
    (D) by striking paragraph (3), as so redesignated, and inserting the following: “(3) (A) The court shall disallow and order the immediate turnover to the bankruptcy trustee any fee referred to in paragraph (2) found to be in excess of the value of any services— “(i) rendered by the bankruptcy petition preparer during the 12-month period immediately preceding the date of the filing of the petition; or “(ii) found to be in violation of any rule or guideline promulgated or prescribed under paragraph (1). “(B) All fees charged by a bankruptcy petition preparer may be forfeited in any case in which the bankruptcy petition preparer fails to comply with this subsection or subsection (b), (c), (d), (e), (f), or (g). “(C) An individual may exempt any funds recovered under this paragraph under section 522(b).” ; and

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

14. 2005

    Pub. L. 109–8 § 221(8)(A) · 119 Stat. 23

    Redesignated · 11 U.S.C. § 110(h)(3)

    Pub. L. 109–8, § 221(8)(A) redesignated par. (2) as (3). Former par. (3) redesignated (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–8, § 221(8)(A) redesignated par. (2) as (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

15. 2005

    Pub. L. 109–8 § 221(8)(E) · 119 Stat. 23

    Substituted · 11 U.S.C. § 110(h)(4)

    Pub. L. 109–8, § 221(8)(E), substituted “the United States trustee (or the bankruptcy administrator, if any) or the court, on the initiative of the court,” for “or the United States trustee”

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 109–8, § 221(8)(E), substituted “the United States trustee (or the bankruptcy administrator, if any) or the court, on the initiative of the court,” for “or the United States trustee”.

    Enacted provision · exact public law section
    (E) in paragraph (4), as so redesignated, by striking “or the United States trustee” and inserting “the United States trustee (or the bankruptcy administrator, if any) or the court, on the initiative of the court,”;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

16. 2005

    Pub. L. 109–8 § 221(8)(A) · 119 Stat. 23

    Redesignated · 11 U.S.C. § 110(h)(4)

    Pub. L. 109–8, § 221(8)(A) redesignated par. (3) as (4). Former par. (4) redesignated (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–8, § 221(8)(A) redesignated par. (3) as (4). Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

17. 2005

    Pub. L. 109–8 § 221(8)(A) · 119 Stat. 23

    Redesignated · 11 U.S.C. § 110(h)(5)

    Pub. L. 109–8, § 221(8)(A) redesignated par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (h)(5). Pub. L. 109–8, § 221(8)(A) redesignated par. (4) as (5).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

18. 2005

    Pub. L. 109–8 § 221(9) · 119 Stat. 23

    1. Inserted · 11 U.S.C. § 110(i)(1)

       Pub. L. 109–8, § 221(9), inserted introductory provisions

    2. Struck · 11 U.S.C. § 110(i)(1)

       Pub. L. 109–8, § 221(9), struck out former introductory provisions which read as follows: “If a bankruptcy case or related proceeding is dismissed because of the failure to file bankruptcy papers, including papers specified in section 521(1) of this title, the negligence or intentional disregard of this title or the Federal Rules of Bankruptcy Procedure by a bankruptcy petition preparer, or if a bankruptcy petition preparer violates this section or commits any fraudulent, unfair, or deceptive act, the bankruptcy court shall certify that fact to the district court, and the district court, on motion of the debtor, the trustee, or a creditor and after a hearing, shall order the bankruptcy petition preparer to pay to the debtor—”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 109–8, § 221(9), inserted introductory provisions and struck out former introductory provisions which read as follows: “If a bankruptcy case or related proceeding is dismissed because of the failure to file bankruptcy papers, including papers specified in section 521(1) of this title, the negligence or intentional disregard of this title or the Federal Rules of Bankruptcy Procedure by a bankruptcy petition preparer, or if a bankruptcy petition preparer violates this section or commits any fraudulent, unfair, or deceptive act, the bankruptcy court shall certify that fact to the district court, and the district court, on motion of the debtor, the trustee, or a creditor and after a hearing, shall order the bankruptcy petition preparer to pay to the debtor—”.

    Enacted provision · exact public law section
    (9) in subsection (i)(1), by striking the matter preceding subparagraph (A) and inserting the following: “(i) (1) If a bankruptcy petition preparer violates this section or commits any act that the court finds to be fraudulent, unfair, or deceptive, on the motion of the debtor, trustee, United States trustee (or the bankruptcy administrator, if any), and after notice and a hearing, the court shall order the bankruptcy petition preparer to pay to the debtor—” ;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

19. 2005

    Pub. L. 109–8 § 221(10)(A)(i) · 119 Stat. 23

    Struck · 11 U.S.C. § 110(j)(2)(A)(i)(I)

    Pub. L. 109–8, § 221(10)(A)(i), struck out “a violation of which subjects a person to criminal penalty” after “any provision of this title”

    Source evidence

    Code amendment note
    Subsec. (j)(2)(A)(i)(I). Pub. L. 109–8, § 221(10)(A)(i), struck out “a violation of which subjects a person to criminal penalty” after “any provision of this title”.

    Enacted provision · exact public law section
    (i) in subparagraph (A)(i)(I), by striking “a violation of which subjects a person to criminal penalty”;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

20. 2005

    Pub. L. 109–8 § 221(10)(A)(ii) · 119 Stat. 23

    1. Substituted · 11 U.S.C. § 110(j)(2)(B)

       Pub. L. 109–8, § 221(10)(A)(ii), substituted “has not paid a penalty” for “or has not paid a penalty”

    2. Inserted · 11 U.S.C. § 110(j)(2)(B)

       Pub. L. 109–8, § 221(10)(A)(ii), inserted “or failed to disgorge all fees ordered by the court” after “a penalty imposed under this section,”

    Source evidence

    Code amendment note
    Subsec. (j)(2)(B). Pub. L. 109–8, § 221(10)(A)(ii), substituted “has not paid a penalty” for “or has not paid a penalty” and inserted “or failed to disgorge all fees ordered by the court” after “a penalty imposed under this section,”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B)— (I) by striking “or has not paid a penalty” and inserting “has not paid a penalty”; and (II) by inserting “or failed to disgorge all fees ordered by the court” after “a penalty imposed under this section,”;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

21. 2005

    Pub. L. 109–8 § 221(10)(C) · 119 Stat. 23

    Redesignated · 11 U.S.C. § 110(j)(3)

    Pub. L. 109–8, § 221(10)(C) added par. (3). Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (j)(3). Pub. L. 109–8, § 221(10)(C) added par. (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (C) by inserting after paragraph (2) the following: “(3) The court, as part of its contempt power, may enjoin a bankruptcy petition preparer that has failed to comply with a previous order issued under this section. The injunction under this paragraph may be issued on the motion of the court, the trustee, or the United States trustee (or the bankruptcy administrator, if any).” ; and

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

22. 2005

    Pub. L. 109–8 § 1205 · 119 Stat. 23

    Substituted · 11 U.S.C. § 110(j)(4)

    Pub. L. 109–8, § 1205, substituted “attorneys” for “attorney’s”

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 109–8, § 1205, substituted “attorneys” for “attorney’s”.

    Enacted provision · exact public law section
    SEC. 1205. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS.   Section 110(j)(4) of title 11, United States Code, as so redesignated by section 221, is amended by striking “attorney’s” and inserting “attorneys’ ”.

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

23. 2005

    Pub. L. 109–8 § 221(10)(B) · 119 Stat. 23

    Redesignated · 11 U.S.C. § 110(j)(4)

    Pub. L. 109–8, § 221(10)(B), redesignated par. (3) as (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–8, § 221(10)(B), redesignated par. (3) as (4).

    Enacted provision · exact public law section
    (B) by redesignating paragraph (3) as paragraph (4); and

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

24. 2005

    Pub. L. 109–8 § 221(11) · 119 Stat. 23

    Added · 11 U.S.C. § 110(l)

    Pub. L. 109–8, § 221(11), added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 109–8, § 221(11), added subsec. (l).

    Enacted provision · exact public law section
    (11) by adding at the end the following: “(l) (1) A bankruptcy petition preparer who fails to comply with any provision of subsection (b), (c), (d), (e), (f), (g), or (h) may be fined not more than $500 for each such failure. “(2) The court shall triple the amount of a fine assessed under paragraph (1) in any case in which the court finds that a bankruptcy petition preparer— “(A) advised the debtor to exclude assets or income that should have been included on applicable schedules; “(B) advised the debtor to use a false Social Security account number; “(C) failed to inform the debtor that the debtor was filing for relief under this title; or “(D) prepared a document for filing in a manner that failed to disclose the identity of the bankruptcy petition preparer. “(3) A debtor, trustee, creditor, or United States trustee (or the bankruptcy administrator, if any) may file a motion for an order imposing a fine on the bankruptcy petition preparer for any violation of this section. “(4) (A) Fines imposed under this subsection in judicial districts served by United States trustees shall be paid to the United States trustee, who shall deposit an amount equal to such fines in a special account of the United States Trustee System Fund referred to in section 586(e)(2) of title 28. Amounts deposited under this subparagraph shall be available to fund the enforcement of this section on a national basis. “(B) Fines imposed under this subsection in judicial districts served by bankruptcy administrators shall be deposited as offsetting receipts to the fund established under section 1931 of title 28, and shall remain available until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the operation and maintenance of the courts of the United States.” .

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

25. 2007

    Department of Justice Appropriations Act, 2008

    Pub. L. 110–161 div. B title II § 212(b) · 121 Stat. 1844

    Amended · 11 U.S.C. § 110(l)(4)(A)

    Pub. L. 110–161 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Fines imposed under this subsection in judicial districts served by United States trustees shall be paid to the United States trustee, who shall deposit an amount equal to such fines in a special account of the United States Trustee System Fund referred to in section 586(e)(2) of title 28. Amounts deposited under this subparagraph shall be available to fund the enforcement of this section on a national basis.”

    Source evidence

    Code amendment note
    Subsec. (l)(4)(A). Pub. L. 110–161 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Fines imposed under this subsection in judicial districts served by United States trustees shall be paid to the United States trustee, who shall deposit an amount equal to such fines in a special account of the United States Trustee System Fund referred to in section 586(e)(2) of title 28. Amounts deposited under this subparagraph shall be available to fund the enforcement of this section on a national basis.”

    Enacted provision · exact public law section
    (b) Section 110(l)(4)(A) of title 11, United States Code, is amended to read as follows: “(A) Fines imposed under this subsection in judicial districts served by United States trustees shall be paid to the United States trustees, who shall deposit an amount equal to such fines in the United States Trustee Fund.” .

26. 2010

    Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(7)(A) · 124 Stat. 3557

    Inserted · 11 U.S.C. § 110(b)(2)(A)

    Pub. L. 111–327, § 2(a)(7)(A), inserted “or on behalf of” after “from”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 111–327, § 2(a)(7)(A), inserted “or on behalf of” after “from”.

    Enacted provision · exact public law section
    (A) in subsection (b)(2)(A) by inserting “or on behalf of” after “from”, and

27. 2010

    Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(7)(B)(i) · 124 Stat. 3557

    1. Substituted · 11 U.S.C. § 110(h)(1)

       Pub. L. 111–327, § 2(a)(7)(B)(i), in last sentence, substituted “filing for the debtor” for “filing for a debtor”

    2. Inserted · 11 U.S.C. § 110(h)(1)

       Pub. L. 111–327, § 2(a)(7)(B)(i), in last sentence, inserted “or on behalf of” after “from”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 111–327, § 2(a)(7)(B)(i), in last sentence, substituted “filing for the debtor” for “filing for a debtor” and inserted “or on behalf of” after “from”.

    Enacted provision · exact public law section
    (i) in the last sentence of paragraph (1)— (I) by striking “a” and inserting “the”, and (II) by inserting “or on behalf of” after “from”,

28. 2010

    Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(7)(B)(ii)(I) · 124 Stat. 3557

    Struck · 11 U.S.C. § 110(h)(3)(A)

    Pub. L. 111–327, § 2(a)(7)(B)(ii)(I), struck out “found to be in excess of the value of any services” after “paragraph (2)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h)(3)(A). Pub. L. 111–327, § 2(a)(7)(B)(ii)(I), struck out “found to be in excess of the value of any services” after “paragraph (2)” in introductory provisions.

    Enacted provision · exact public law section
    (I) by striking “found to be in excess of the value of any services”, and

29. 2010

    Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(7)(B)(ii)(II) · 124 Stat. 3557

    Inserted · 11 U.S.C. § 110(h)(3)(A)(i)

    Pub. L. 111–327, § 2(a)(7)(B)(ii)(II), inserted “found to be in excess of the value of any services” after “(i)”

    Source evidence

    Code amendment note
    Subsec. (h)(3)(A)(i). Pub. L. 111–327, § 2(a)(7)(B)(ii)(II), inserted “found to be in excess of the value of any services” after “(i)”.

    Enacted provision · exact public law section
    (II) in clause (i) by inserting “found to be in excess of the value of any services” after “(i)”, and

30. 2010

    Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(7)(B)(iii) · 124 Stat. 3557

    Substituted · 11 U.S.C. § 110(h)(4)

    Pub. L. 111–327, § 2(a)(7)(B)(iii), substituted “paragraph (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 111–327, § 2(a)(7)(B)(iii), substituted “paragraph (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (iii) in paragraph (4) by striking “paragraph (2)” and inserting “paragraph (3)”,

45 of 45 references resolved to an enrolled provision