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18 U.S.C. § 156Knowing disregard of bankruptcy law or rule

submitted 32 years ago by Pub. L. 103-394 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 135 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law punishes a "bankruptcy petition preparer" who knowingly tries to break bankruptcy rules. If a case gets thrown out because of this, the preparer can be fined, jailed up to a year, or both.

(a) Definitions. This subsection defines two terms. A "bankruptcy petition preparer" is a person who prepares, for pay, a document to be filed — but this does not include the debtor's own attorney or that attorney's employee. A "document for filing" means a petition or any other paper a debtor prepares to file in a United States bankruptcy court or district court in a case under title 11 (the bankruptcy code). (b) Offense. If a bankruptcy case, or a related legal proceeding, gets dismissed because a bankruptcy petition preparer knowingly tried, in any way, to ignore what title 11 or the Federal Rules of Bankruptcy Procedure require, that preparer has committed a crime. The preparer can be fined under this title, sent to prison for up to one year, or both.
the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

In this section—

(1)

the term “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; and

(2)

the term “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 title 11.

(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 credit: (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title XII, § 1220, Apr. 20, 2005, 119 Stat. 195.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-394 · 108 Stat. 4140
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 195

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-394 on 1994-10-22.

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