§ 157. Bankruptcy fraud

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 § 312(a)(1)(B) · 108 Stat. 4106

   Enacted · 18 U.S.C. § 157

   Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140

   Source evidence

   Code source credit
   Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140

   Enacted provision · exact public law section
   (B) by adding at the end the following: “§ 156. Knowing disregard of bankruptcy law or rule “(a) Definitions.— In this section— “‘bankruptcy petition preparer’ means a person, other than the debtor’s attorney or an employee of such an attorney, who prepares for compensation a document for filing. “ ‘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) Offense.— If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, imprisoned not more than 1 year, or both. “§ 157. Bankruptcy fraud “A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so— “(1) files a petition under title 11; “(2) files a document in a proceeding under title 11; or “(3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both.”.

2. 2005

   Involuntary Bankruptcy Improvement Act of 2005

   Pub. L. 109–8 title III § 332(c) · 119 Stat. 23

   Changed · 18 U.S.C. § 157(1)(3)

   Pub. L. 109–8, which directed insertion of “, including a fraudulent involuntary bankruptcy petition under section 303 of such title” after “title 11”, was executed by making the insertion after “title 11” wherever appearing, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pars. (1) to (3). Pub. L. 109–8, which directed insertion of “, including a fraudulent involuntary bankruptcy petition under section 303 of such title” after “title 11”, was executed by making the insertion after “title 11” wherever appearing, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (c) Bankruptcy Fraud.— Section 157 of title 18, United States Code, is amended by inserting “, including a fraudulent involuntary bankruptcy petition under section 303 of such title” after “title 11”.

   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 Title 11, Bankruptcy, 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 Title 11.

3. 2010

   Bankruptcy Technical Corrections Act of 2010

   Pub. L. 111–327 § 2(b)(1) · 124 Stat. 3557

   Struck · 18 U.S.C. § 157(1)

   Pub. L. 111–327, § 2(b)(1), struck out “bankruptcy” after “involuntary”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 111–327, § 2(b)(1), struck out “bankruptcy” after “involuntary”.

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking “bankruptcy”, and

4. 2010

   Bankruptcy Technical Corrections Act of 2010

   Pub. L. 111–327 § 2(b)(2) · 124 Stat. 3557

   Struck · 18 U.S.C. § 157(2); 18 U.S.C. § 157(3)

   Pub. L. 111–327, § 2(b)(2), struck out “, including a fraudulent involuntary bankruptcy petition under section 303 of such title” after “title 11”

   Source evidence

   Code amendment note
   Pars. (2), (3). Pub. L. 111–327, § 2(b)(2), struck out “, including a fraudulent involuntary bankruptcy petition under section 303 of such title” after “title 11”.

   Enacted provision · exact public law section
   (2) in paragraphs (2) and (3) by striking “, including a fraudulent involuntary bankruptcy petition under section 303 of such title”.

4 of 4 references resolved to an enrolled provision