Title 18 — Crimes and Criminal Procedure
Part I · Chapter 9 — Bankruptcy
§ 158. Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules
Statutory text
In General.—
The Attorney General of the United States shall designate the individuals described in subsection (b) to have primary responsibility in carrying out enforcement activities in addressing violations of section 152 or 157 relating to abusive reaffirmations of debt. In addition to addressing the violations referred to in the preceding sentence, the individuals described under subsection (b) shall address violations of section 152 or 157 relating to materially fraudulent statements in bankruptcy schedules that are intentionally false or intentionally misleading.
United States Attorneys and Agents of the Federal Bureau of Investigation.—
The individuals referred to in subsection (a) are—
the United States attorney for each judicial district of the United States; and
an agent of the Federal Bureau of Investigation for each field office of the Federal Bureau of Investigation.
Bankruptcy Investigations.—
Each United States attorney designated under this section shall, in addition to any other responsibilities, have primary responsibility for carrying out the duties of a United States attorney under section 3057.
Bankruptcy Procedures.—
The bankruptcy courts shall establish procedures for referring any case that may contain a materially fraudulent statement in a bankruptcy schedule to the individuals designated under this section.
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. 109–8 title II § 203(b)(1) · 119 Stat. 23
Enacted · 18 U.S.C. § 158
(Added Pub. L. 109–8, title II, § 203(b)(1), Apr. 20, 2005, 119 Stat. 49.)
Source evidence
Code source credit
(Added Pub. L. 109–8, title II, § 203(b)(1), Apr. 20, 2005, 119 Stat. 49.)Enacted provision · exact public law section
(1) In general.— Chapter 9 of title 18, United States Code, is amended by adding at the end the following: “§ 158. Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules “(a) In General.— The Attorney General of the United States shall designate the individuals described in subsection (b) to have primary responsibility in carrying out enforcement activities in addressing violations of section 152 or 157 relating to abusive reaffirmations of debt. In addition to addressing the violations referred to in the preceding sentence, the individuals described under subsection (b) shall address violations of section 152 or 157 relating to materially fraudulent statements in bankruptcy schedules that are intentionally false or intentionally misleading. “(b) United States Attorneys and Agents of the Federal Bureau of Investigation.— The individuals referred to in subsection (a) are— “(1) the United States attorney for each judicial district of the United States; and “(2) an agent of the Federal Bureau of Investigation for each field office of the Federal Bureau of Investigation. “(c) Bankruptcy Investigations.— Each United States attorney designated under this section shall, in addition to any other responsibilities, have primary responsibility for carrying out the duties of a United States attorney under section 3057. “(d) Bankruptcy Procedures.— The bankruptcy courts shall establish procedures for referring any case that may contain a materially fraudulent statement in a bankruptcy schedule to the individuals designated under this section.” .
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of Title 11.
Credits
(Added Pub. L. 109–8, title II, § 203(b)(1), , 119 Stat. 49.)