US (United States) Code. Title 18. Chapter 9: Bankruptcy

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 14 páginas
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18 USC CHAPTER 9 - BANKRUPTCY 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

.

-HEAD-

CHAPTER 9 - BANKRUPTCY

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Sec.

151. Definition.

152. Concealment of assets; false oaths and claims; bribery.

153. Embezzlement against estate.

154. Adverse interest and conduct of officers.

155. Fee agreements in cases under title 11 and receiverships.

156. Knowing disregard of bankruptcy law or rule.

157. Bankruptcy fraud.

AMENDMENTS

1994 - Pub. L. 103-394, title III, Sec. 312(a)(2), Oct. 22, 1994,

108 Stat. 4140, substituted ''against estate'' for ''by trustee or

officer'' in item 153 and added items 156 and 157.

1978 - Pub. L. 95-598, title III, Sec. 314(b)(2), (d)(3), (e)(3),

(f)(3), Nov. 6, 1978, 92 Stat. 2677, substituted in item 151

''Definition'' for ''Definitions''; struck from item 153 '',

receiver'' after ''trustee'' and from item 154 ''referees and

other'' before ''officers''; and substituted in item 155 ''cases

under title 11 and receiverships'' for ''bankruptcy proceedings''.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3057 of this title.

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18 USC Sec. 151 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

-HEAD-

Sec. 151. Definition

-STATUTE-

As used in this chapter, the term ''debtor'' means a debtor

concerning whom a petition has been filed under title 11.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 95-598, title III,

Sec. 314(b)(1), Nov. 6, 1978, 92 Stat. 2676; Pub. L. 103-322, title

XXXIII, Sec. 330008(5), Sept. 13, 1994, 108 Stat. 2143.)

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HISTORICAL AND REVISION NOTES

Based on section 52(f) of title 11, U.S.C., 1940 ed., Bankruptcy

(July 1, 1898, ch. 541, Sec. 29f as added June 22, 1938, ch. 575,

Sec. 1, 52 Stat. 857).

Definition of ''bankruptcy'' was added to avoid repetitious

references to said title 11.

Minor changes in phraseology was made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''means'' for ''mean''.

1978 - Pub. L. 95-598 substituted ''Definition'' for

''Definitions'' in section catchline, substituted definition of

''debtor'' as a debtor concerning whom a petition has been filed

under title 11 for definition of ''bankrupt'' as a debtor by or

against whom a petition has been filed under title 11, and struck

out definition of ''bankruptcy'' as including any proceeding,

arrangement, or plan pursuant to title 11.

EFFECTIVE DATE OF 1978 AMENDMENT

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.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, 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.

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18 USC Sec. 152 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

-HEAD-

Sec. 152. Concealment of assets; false oaths and claims; bribery

-STATUTE-

A person who -

(1) knowingly and fraudulently conceals from a custodian,

trustee, marshal, or other officer of the court charged with the

control or custody of property, or, in connection with a case

under title 11, from creditors or the United States Trustee, any

property belonging to the estate of a debtor;

(2) knowingly and fraudulently makes a false oath or account in

or in relation to any case under title 11;

(3) knowingly and fraudulently makes a false declaration,

certificate, verification, or statement under penalty of perjury

as permitted under section 1746 of title 28, in or in relation to

any case under title 11;

(4) knowingly and fraudulently presents any false claim for

proof against the estate of a debtor, or uses any such claim in

any case under title 11, in a personal capacity or as or through

an agent, proxy, or attorney;

(5) knowingly and fraudulently receives any material amount of

property from a debtor after the filing of a case under title 11,

with intent to defeat the provisions of title 11;

(6) knowingly and fraudulently gives, offers, receives, or

attempts to obtain any money or property, remuneration,

compensation, reward, advantage, or promise thereof for acting or

forbearing to act in any case under title 11;

(7) in a personal capacity or as an agent or officer of any

person or corporation, in contemplation of a case under title 11

by or against the person or any other person or corporation, or

with intent to defeat the provisions of title 11, knowingly and

fraudulently transfers or conceals any of his property or the

property of such other person or corporation;

(8) after the filing of a case under title 11 or in

contemplation thereof, knowingly and fraudulently conceals,

destroys, mutilates, falsifies, or makes a false entry in any

recorded information (including books, documents, records, and

papers) relating to the property or financial affairs of a

debtor; or

(9) after the filing of a case under title 11, knowingly and

fraudulently withholds from a custodian, trustee, marshal, or

other officer of the court or a United States Trustee entitled to

its possession, any recorded information (including books,

documents, records, and papers) relating to the property or

financial affairs of a debtor,

shall be fined under this title, imprisoned not more than 5 years,

or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 86-519, Sec. 2, June

12, 1960, 74 Stat. 217; Pub. L. 86-701, Sept. 2, 1960, 74 Stat.

753; Pub. L. 94-550, Sec. 4, Oct. 18, 1976, 90 Stat. 2535; Pub. L.

95-598, title III, Sec. 314(a), (c), Nov. 6, 1978, 92 Stat. 2676,

2677; Pub. L. 100-690, title VII, Sec. 7017, Nov. 18, 1988, 102

Stat. 4395; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept.

13, 1994, 108 Stat. 2147; Pub. L. 103-394, title III, Sec.

312(a)(1)(A), Oct. 22, 1994, 108 Stat. 4138; Pub. L. 104-294, title

VI, Sec. 601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)

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HISTORICAL AND REVISION NOTES

Based on section 52(b) of title 11, U.S.C., 1940 ed., Bankruptcy

(July 1, 1898, ch. 541, Sec. 29b, 30 Stat. 554; May 27, 1926, ch.

406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1

(part), 52 Stat. 855).

Section was broadened to apply to one who gives or offers a

bribe.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $5,000'' in closing provisions.

1994 - Pub. L. 103-394 amended section generally, designating

undesignated pars. as opening provisions, pars. (1) to (9), and

closing provisions, and in pars. (1) and (9) inserting reference to

United States Trustee.

Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

1988 - Pub. L. 100-690 substituted ''penalty of perjury'' for

''penalty or perjury'' in third par.

1978 - Pub. L. 95-598 substituted, wherever appearing, ''debtor''

for ''bankrupt'', ''case under title 11'' for ''bankruptcy

proceeding'', and ''provisions of title 11'' for ''bankruptcy

law''; and substituted ''a custodian'' for ''the receiver,

custodian'', wherever appearing, and ''recorded information,

including books, documents, records, and papers, relating to the

property or financial affairs'' for ''document affecting or

relating to the property or affairs'', in two places.

1976 - Pub. L. 94-550 inserted paragraph covering the knowing and

fraudulent making of a false declaration, certificate,

verification, or statement under penalty of perjury as permitted

under section 1746 of title 28 or in relation to any bankruptcy

proceeding.

1960 - Pub. L. 86-701 included fraudulent transfers and

concealment of property by persons in their individual capacity in

sixth par.

Pub. L. 86-519 struck out ''under oath'' after ''knowingly and

fraudulently presents'' in third par.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1978 AMENDMENT

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.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, 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.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title; title

7 section 12a; title 15 sections 78o, 80b-3.

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18 USC Sec. 153 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

-HEAD-

Sec. 153. Embezzlement against estate

-STATUTE-

(a) Offense. - A person described in subsection (b) who knowingly

and fraudulently appropriates to the person's own use, embezzles,

spends, or transfers any property or secretes or destroys any

document belonging to the estate of a debtor shall be fined under

this title, imprisoned not more than 5 years, or both.

(b) Person to Whom Section Applies. - A person described in this

subsection is one who has access to property or documents belonging

to an estate by virtue of the person's participation in the

administration of the estate as a trustee, custodian, marshal,

attorney, or other officer of the court or as an agent, employee,

or other person engaged by such an officer to perform a service

with respect to the estate.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 690; Pub. L. 95-598, title III,

Sec. 314(a)(1), (d)(1), (2), Nov. 6, 1978, 92 Stat. 2676, 2677;

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994,

108 Stat. 2147; Pub. L. 103-394, title III, Sec. 312(a)(1)(A), Oct.

22, 1994, 108 Stat. 4139; Pub. L. 104-294, title VI, Sec.

601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)

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HISTORICAL AND REVISION NOTES

Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy

(July 1, 1898, ch. 541, Sec. 29a, 30 Stat. 554; May 27, 1926, ch.

406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1

(part), 52 Stat. 855).

Minor changes were made in phraseology.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 substituted ''fined under

this title'' for ''fined not more than $5,000''.

1994 - Pub. L. 103-394 amended section generally. Prior to

amendment, section read as follows: ''Whoever knowingly and

fraudulently appropriates to his own use, embezzles, spends, or

transfers any property or secretes or destroys any document

belonging to the estate of a debtor which came into his charge as

trustee, custodian, marshal, or other officer of the court, shall

be fined under this title or imprisoned not more than five years,

or both.''

Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

1978 - Pub. L. 95-598 struck out '', receiver'' after ''trustee''

in section catchline and in text struck out ''receiver,'' before

''custodian'' and substituted ''debtor'' for ''bankrupt''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1978 AMENDMENT

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.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, 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.

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18 USC Sec. 154 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

-HEAD-

Sec. 154. Adverse interest and conduct of officers

-STATUTE-

A person who, being a custodian, trustee, marshal, or other

officer of the court -

(1) knowingly purchases, directly or indirectly, any property

of the estate of which the person is such an officer in a case

under title 11;

(2) knowingly refuses to permit a reasonable opportunity for

the inspection by parties in interest of the documents and

accounts relating to the affairs of estates in the person's

charge by parties when directed by the court to do so; or

(3) knowingly refuses to permit a reasonable opportunity for

the inspection by the United States Trustee of the documents and

accounts relating to the affairs of an estate in the person's

charge,

shall be fined under this title and shall forfeit the person's

office, which shall thereupon become vacant.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 690; Pub. L. 95-598, title III,

Sec. 314(a)(2), (e)(1), (2), Nov. 6, 1978, 92 Stat. 2676, 2677;

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994,

108 Stat. 2147; Pub. L. 103-394, title III, Sec. 312(a)(1)(A), Oct.

22, 1994, 108 Stat. 4139; Pub. L. 104-294, title VI, Sec.

601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)

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HISTORICAL AND REVISION NOTES

Based on section 52(c) of title 11, U.S.C., 1940 ed., Bankruptcy

(July 1, 1898, ch. 541, Sec. 29c, 30 Stat. 554; June 22, 1938, ch.

575, Sec. 1 (part), 52 Stat. 856).

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $5,000'' in closing provisions.

1994 - Pub. L. 103-394 amended section generally. Prior to

amendment, section read as follows:

''Whoever, being a custodian, trustee, marshal, or other officer

of the court, knowingly purchases, directly or indirectly, any

property of the estate of which he is such officer in a case under

title 11; or

''Whoever being such officer, knowingly refuses to permit a

reasonable opportunity for the inspection of the documents and

accounts relating to the affairs of estates in his charge by

parties in interest when directed by the court to do so -

''Shall be fined under this title, and shall forfeit his office,

which shall thereupon become vacant.''

Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500'' in third par.

1978 - Pub. L. 95-598 struck out ''referees and other'' before

''officers'' in section catchline, and in text struck out ''Whoever

knowingly acts as a referee in a case in which he is directly or

indirectly interested; or'' before ''Whoever, being a'' and

''referee, receiver,'' before ''custodian'' and substituted ''case

under title 11'' for ''bankruptcy proceeding''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1978 AMENDMENT

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.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, 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.

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18 USC Sec. 155 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

-HEAD-

Sec. 155. Fee agreements in cases under title 11 and receiverships

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 690; May 24, 1949, ch. 139, Sec.

4, 63 Stat. 90; Pub. L. 95-598, title III, Sec. 314(f)(1), (2),

Nov. 6, 1978, 92 Stat. 2677; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

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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.

AMENDMENTS

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 May 24, 1949, 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''.

EFFECTIVE DATE OF 1978 AMENDMENT

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.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, 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.

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18 USC Sec. 156 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

-HEAD-

Sec. 156. Knowing disregard of bankruptcy law or rule

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-394, title III, Sec. 312(a)(1)(B), Oct. 22,

1994, 108 Stat. 4140.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Bankruptcy Procedure, referred to in subsec.

(b), are set out in the Appendix to Title 11, Bankruptcy.

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EFFECTIVE DATE

Section effective Oct. 22, 1994, and not applicable with respect

to cases commenced under Title 11, Bankruptcy, before Oct. 22,

1994, see section 702 of Pub. L. 103-394, set out as an Effective

Date of 1994 Amendment note under section 101 of Title 11.

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18 USC Sec. 157 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 9 - BANKRUPTCY

-HEAD-

Sec. 157. Bankruptcy fraud

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 103-394, title III, Sec. 312(a)(1)(B), Oct. 22,

1994, 108 Stat. 4140.)

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EFFECTIVE DATE

Section effective Oct. 22, 1994, and not applicable with respect

to cases commenced under Title 11, Bankruptcy, before Oct. 22,

1994, see section 702 of Pub. L. 103-394, set out as an Effective

Date of 1994 Amendment note under section 101 of Title 11.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

-CITE-