Title 18 — Crimes and Criminal Procedure
Part I · Chapter 9 — Bankruptcy
§ 155. Fee agreements in cases under title 11 and receiverships
Statutory text
Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and fraudulently enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate, shall be fined under this title or imprisoned not more than one year, or both.
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.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 155
June 25, 1948, ch. 645, 62 Stat. 690
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 690Pub. L. 95–598 title III § 314(f)(1) · 92 Stat. 2549
Substituted · 18 U.S.C. § 155
Pub. L. 95–598 substituted “cases under title 11 and receiverships” for “bankruptcy proceedings”
Substituted · 18 U.S.C. § 155
Pub. L. 95–598 substituted “or case under title 11” for “, bankruptcy or reorganization proceeding”
Inserted · 18 U.S.C. § 155
Pub. L. 95–598 inserted “knowingly and fraudulently” after “supervision,”
Struck · 18 U.S.C. § 155
Pub. L. 95–598 struck out penalty provision for a judge of a United States court to knowingly approve the payment of any fees or compensation that were fixed
Source evidence
Code amendment note
Pub. L. 95–598 substituted “cases under title 11 and receiverships” for “bankruptcy proceedings” in section catchline and in text “or case under title 11” for “, bankruptcy or reorganization proceeding”, inserted “knowingly and fraudulently” after “supervision,”, and struck out penalty provision for a judge of a United States court to knowingly approve the payment of any fees or compensation that were fixed.Enacted provision · exact public law section
(1) Section 155 of title 18 of the United States Code is amended— (A) by striking out the semicolon at the end of the first paragraph thereof and all that follows down through “Shall” and inserting in lieu thereof “, shall”; (B) by inserting “knowingly and fraudulently” immediately after “supervision,”; and (C) by striking out “, bankruptcy or reorganization proceeding” and inserting “or case under title 11” in lieu thereof.Effective date note
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796
Substituted · 18 U.S.C. § 155
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”
Source evidence
Code amendment note
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.Enacted provision · exact public law section
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
1948 Act
Based on section 572a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Aug. 25, 1937, ch. 777, 50 Stat. 810.)
Words “upon conviction” were deleted as surplusage since punishment can be imposed only after a conviction.
A fine of “$5,000” was substituted for “$10,000” and “one year” for “five years”, to reduce the offense to the grade of a misdemeanor and the punishment to an amount and term proportionate to the gravity of the offense.
Minor changes were made in phraseology.
1949 Act
This amendment [see section 4] clarifies section 155 of title 18, U.S.C., by restating the first paragraph thereof in closer conformity with the original law, as it existed at the time of the enactment of the revision of title 18.
Editorial Notes
Amendments1949–1994 · 3 rounds
1994
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.
1978
Pub. L. 95–598 substituted “cases under title 11 and receiverships” for “bankruptcy proceedings” in section catchline and in text “or case under title 11” for “, bankruptcy or reorganization proceeding”, inserted “knowingly and fraudulently” after “supervision,”, and struck out penalty provision for a judge of a United States court to knowingly approve the payment of any fees or compensation that were fixed.
1949
Act , inserted references to attorneys for any party in interest in three places, and substituted “in any United States court or under its supervision” for “in or under the supervision of any court of the United States”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective , see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Savings Provision
Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before , or (2) committed after , in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding section 101 of Title 11, Bankruptcy.
Credits
1948–1994 · 4 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 690
- 1949May 24, 1949, ch. 139, § 4, 63 Stat. 90
- 1978Pub. L. 95–598, title III, § 314(f)(1), (2), , 92 Stat. 2677
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 690; May 24, 1949, ch. 139, § 4, 63 Stat. 90; Pub. L. 95–598, title III, § 314(f)(1), (2), , 92 Stat. 2677; Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147.)