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, including a fraudulent
involuntary bankruptcy petition under section 303 of such title;
(2) files a document in a proceeding under title 11, including
a fraudulent involuntary bankruptcy petition under section 303 of
such title; or
(3) makes a false or fraudulent representation, claim, or
promise concerning or in relation to a proceeding under title 11,
including a fraudulent involuntary bankruptcy petition under
section 303 of such title, 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; amended Pub. L. 109-8, title III, Sec.
332(c), Apr. 20, 2005, 119 Stat. 103.)
AMENDMENTS
2005 - 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.
EFFECTIVE DATE OF 2005 AMENDMENT
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.
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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